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GIFT  OF 
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THE 


YOUNG  AMERICAISI: 


BOOK  OP  GOVERNMENT  AND  LAW. 


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THE 


YOUNG  AMERICAN: 


OB 


BOOK    OF 


GOYERMENT  AND   LA¥; 


SHOWING    THEIR 


HISTORY,  NATURE,  AND  NECESSITY, 
FOR  THE  USE  OF  SCHOOLS, 


BY    S.    G.    GOODRICH, 

AUTHOR  OF  PET'^  PARLEY'S  TALES, 


Eighth  Edition. 


NEW-YORK 


PUBLISHED  BY  MARK  H.  NEWMAN  AND  CO., 
199    Beoadway. 

1847. 


Entered,  according  to  Act  o*"  v/o.*gr*>s3.  m  the  year  1342 

BY  S.  G.  GOODRICH, 

the  Clerk's  Office  of  the  Pit;\r:ct  Cour*.  of  tbe  District  of  Massa 
chusetts. 


14^.  fi^(^0^  (A/^JfdU^ 


STEREOTYPED    BY 

GEO.   A.    CURTIS, 

MW    ENGLAND  TYPB   AND    STERKOTYPB    FOUNDR.V     BOfilON. 


PREFACE. 


In  a  country  where  government  derives  its  very  exist- 
ence from  the  people,  and  where  its  entire  administration 
is  dependent  on  them,  it  is  clear  that  it  will  be  good  or 
bad,  as  the  people  are  intelligent  or  ignorant,  virtuous  or 
vicious.  We  cannot  gather  grapes  of  thorns,  or  figs  of 
thistles;  we  cannot  expect  a  wise  government  from 
ignorance,  or  a  pure  one  from  corruption.  Hence,  the 
familiar  remark,  that  the  safety  of  our  liberty — of  our 
republican  institutions,  lies  in  the  intelligence  and  virtue 
of  the  people. 

The  diffusion  of  moral  and  intellectual  light  is  there- 
fore the  great  work  of  the  patriot  in  these  United  States. 
And  while  this  is  true,  as  a  general  remark,  it  should 
not  be  forgotten  that  there  is  special  reason  for  the 
diffusion  of  political  truth.  Government  is  an  artificial 
structure,  vast  in  its  dimensions,  curious  and  compli- 
cated in  its  parts.  A  man  can  no  more  be  born  a  gov- 
ernment-maker, than  he  can  be  born  a  house-maker,  or 
a  watch-maker ;  he  needs  to  learn  his  trade  as  much  in 
the  one  case  as  the  other.  And  yet,  every  citizen,  when- 
ever he  goes  to  the  polls,  goes  as  a  political  architect, 
1 


Ml714J£9 


11  PREFACE. 

and  the  single  vote  he  casts  may  give  character  to  the 
whole  edifice  of  government.  Should  not  every  man  to 
whom  such  a  mighty  trust  is  confided,  know  what  he  is 
about  ? 

These  are  obvious  truths,  yet  they  appear  not  to  be 
duly  borne  in  mind.  There  are  some  politicians  who 
seem  averse  to  popular  education,  as  if  the  policy  of  de- 
spotic priests  and  princes,  which  would  keep  the  mass 
ignorant,  so  that  they  may  easily  be  kept  in  subjection, 
still  lingered  in  their  minds.  There  are  others  who 
have  a  disgust  of  politics,  as  if  there  were  something 
revolting  in  the  duties  and  offices  which  result  in  giving 
security  to  life  and  property  and  home !  Surely,  we 
should  not  be  governed  by  such  mischievous  prejudice 
— such  pernicious  error !  All  our  boys  are  destined  to 
be  citizens — government-builders ;  and  ought  we  not,  in 
duty  to  them,  in  duty  to  the  country,  to  see  that  they 
learn  their  trade  ?  Shall  we  send  them  forth,  ignorant 
m  that  art,  which  is  the  greatest  and  most  important  of 
all — an  art  which  they  are  bound  to  exercise,  and  which 
they  will  exercise  for  good  or  ill  to  themselves  and 
their  country  ? " 

It  is  from  reflections  like  these  that  I  have  been 
induced  to  undertake  this  little  book,  the  purpose  of 
which  is  to  make  the  nature,  origin,  and  principles  of 
government,  and  especially  of  our  own,  accessible  to  all, 
and  if  possible,  familiar  to  our  youth.  I  have  written  it 
for  a  home  book,  and  a  school  book,  hoping  that,  until  a 
better  is  furnished,  it  may  be  deemed  worthy  of  intro- 
duction into  our  seminaries,  where  the  mass  of  our 
people  begin  and  finish  their  education.     Why  should 


PREFACE.  m 

not  every  boy  and  girl  in  our  country  be  instructed  in 
the  nature  and  history  of  that  government  which  our 
fathers  founded,  and  which  gives  protection  to  the 
people,  and  looks  to  the  people  for  support.  What 
right  have  we — parents,  guardians,  teachers,  citizens — to 
set  the  seal  of  darkness,  of  ignorance,  upon  the  minds 
of  children,  in  respect  to  this  great  subject,  either  by 
withholding  or  interdicting  the  means  of  light,  in  those 
institutions,  where  alone  most  of  them  can  obtain  it  ? 

There  is  another  point  of  great  importance  to  be  con- 
sidered. The  conviction  is  very  general,  that,  by  some 
means  or  other,  morality  and  politics  are  in  a  state  of 
divorce  among  a  large  portion  of  our  political  leaders. 
The  monstrous  doctrine  that  "  all  is  fair  in  politics  "  is 
supposed  extensively  to  prevail ;  and  most  of  the  profli- 
gacy we  observe,  most  of  the  corruption,  intrigue,  self- 
ishness, and  destitution  of  patriotism,  so  notorious  in 
high  places,  are  imputed  to  the  currency  of  this  false  and 
wicked  philosophy.  Ought  not  something  to  be  done 
especially,  to  stay  these  mighty  evils ;  something  to  teach 
the  truth,  that  honesty  is  the  best  policy  in  govern- 
ment, as  well  as  everything  else — a  concern  in  which  we 
are  all  partners  ?  Shall  a  few  of  the  partners  be  per- 
mitted to  swindle  all  the  rest  out  of  their  share  of  the 
profits,  and  nothing  be  done,  but  to  fold  the  hands  ia 
imbecile  submission  ? 

If  something  need  be  done,  to  remedy  this  great 
evil,  how  can  it  be  better  done  than  by  beginning  in  that 
universal  seminary — the  common  school ;  that  seminary, 
which  imparts  to  far  the  largest  part  of  the  community, 
all   that  can  be  technically  called  education?     Why 


iV  PREFACE. 

shall  we  not  begin  in  the  way  by  which  we  may  reach 
illl,  and  with  the  most  lasting  effect  ? 

Under  the  idea  that  this  book  may  be  introduced  into 
fur  common  schools,  I  have  therefore  sought  to  set 
orth  the  necessity  of  honesty  in  politics;  hoping  to  do 
something  to  restore  to  favor  that  good  old  word, 
"  so  weary  stale  and  unprofitable  "  to  hack  politicians — 
patriotism. 

With  these  brief  suggestions,  I  commit  this  humble 
work  to  the  charity  of  the  public,  remarking,  that  in  it3 
preparation — ^being  aware  of  the  delicate  task  I  have  un- 
dertaken— I  have  earnestly  sought  not  to  write  a  line  oi 
sentence,  with  a  view  to  party  effect.  I  have  endeav- 
ored not  to  cast  a  favoring  hue  or  a  disparaging  shado 
upon  either  side  of  controverted  questions.  That  I  have 
wholly  escaped  error,  real  or  apparent,  is  not  to  be  hoped. 
If  anything  wrong  be  discovered,  I  shall  esteem  it  a 
favor  on  the  part  of  any  one  who  will  point  it  out  to  me, 
and  I  pledge  myself  to  give  it  due  consideration,  if  thia 
work  shall  ever  come  to  a  second  edition. 


CONTENTS 


CHAPTER. 

I. 

11. 

III. 

IV. 
V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 

XV. 

XVI. 

XVII. 

XVIII. 

XIX. 

XX. 

XXI. 

XXII. 

XXIII. 

XXIV. 

XXV. 

XXVI. 

XXVII. 

XXVIII. 

XXIX. 

XXX. 

XXXI. 

XXXII. 

XXXIII. 

XXXIV. 


PAGE. 

The  First  Ideas  of  Government  and  Law,  .  ,  7 
The  second  stage  of  knowledge  of  Law  and  GoT- 

ernment, 11 

The  different  Conditions  of  Mankind.    The  Savage 

Slate, 13 

The  Barbarous  Stale, 15 

The  Civilized  Slate, 17 

Society — Civil  Society, 19 

Individual  Propertjr, 21 

Justice — Civil  Justice, 23 

Human  Rights, 24 

Liberty— Absolute  Liberty  ;  Natural  Liberty,  .        .    26 

Civil  Liberty, 30 

Illustrations,  showing  that   Government  promotes 

Practical  Liberty, 34 

Recapitulation,       .        .        ...        .        .        .36 

E(juaiily, 39 

Civil  Government, 42 

Government — continued,    ......    45 

The  Legislative  power — the  Legislature,  .  .  46 
The  Judicial  Power — the  Judiciary,  .  ,  .  .48 
The  Executive  Power,  .        .        .        ,        .        .         49 

Forms  of  Government, 52 

Origin  and  History  of  Government,  ...  68 
Political  System  of  the  Hebrews,  .  .  .  .61 
Political  Institution*  af  China,  ....  65 
Political  Institutions  of  Fig)  pt,  .        .        .        .69 

Sketch  of  Ancient  Greece."    Character  of  the  People,    73 

Greece  continued, 77 

Athens.  Political  divisions  of  the  People,  .  .  80 
Of  the  Government  of  Athens,      ....         84 

The  Court  of  Areopagus, 91 

Other  Courts  of  Athens.     Sparta,         ...        93 

Sparta — continued, 98 

Other  States  of  Greece, 103 

The  City  of  Rome, 105 

Rome — Divisions  of  the  Peopl«,  ....  108 
1  ^ 


VI 


CONTENTS. 


CHAPTEn.  ^  PAGE. 

XXXV.  Rome— Form  of  Government,  .        .        .        .        .110 

XXXVI.  Review, 114 

The  Feudal  System, 117 

XXXVII.  France, 121 

XXXVJII.  France— continued.     The  Revolution,       .        .        .128 

XXXIX,  Kingdom  of  Great  Britain  and  Ireland,         .        .       135 

XL.  England — continued, 138 

XLI.  Present  state  of  the  British  Empire,      .        .        .141 

XLII.  Government  of  Great  Britain 144 

XLIII.  Legislature  and  Judiciary  of  Great  Britain,  .        .       149 

XLIV.  Other  Governments  of  Europe,  .        .        .        .152 

XLV.  Discoveries  in  America,  &c.,         .        .        .        .158 

XLVI.  The  establishment  of  the  English  Colonies,      .        .161 

XLVII.  General  remarks  on  Colonies,  &c.,        .        .        .164 

XLVIII.  Revolutionary  Government  of  the  United  States,      .  1 68 

XLIX.  The  Confederation, 170 

L.  Origin  of  the  Constitution, 171 

LI.  Preliminary  Remarks  on  the  Constitution,        .        .172 
The  Constitution,  with  Explanatory  Remarks,      .       173 
Articles  in  addition  to  and  amendment  of  the  Consti- 
tution,     204 

LII.  Review  of  the  Constitution,  .        .        .        .212 

LIII.  Congress, 214 

LIV.  The  Administration, .215 

LV.  The  President,  &c., 216 

LVI.  Secretary  of  State, 213 

LVII.  Secretary  of  the  Treasury, 220 

LVIII.  Secretary  of  War, 226 

LIX.  Secretary  of  the  Navy, M27 

LX.  Postmaster-General,      .        ,        .        .        .        .828 

LXI.  Attorney-General, 228 

LXII.  Patent  Office, 229 

LXIII.  Judiciary,  .        .        .        ,, 230 

LXIV.  State  Governments,  ^ 232 

LXV.  Punishments,     .     '  . 234 

LXVI.  aualifications  of  Voters, 236 

LXVII.  The  Majority,    . 238 

LXVIII.  Political  Parties, 239 

LXIX.  Duties  of  Citizens, 242 

APPENDIX. 

Declaration  of  Rights, •        *      249 

Declaration  of  Independence,  ......  25S 

Articles  of  Confederation, 255 

Questions 264 


CHAPTER  I. 

The  First  Ideas  of  Government  and  Law, 


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A  father  governing  a  family. 

As  soon,  as  a  child  is  of  sufficient  age  to  make 
observations,  he  perceives  that  he  is  guided  and 
controlled  by  persons  around  him.  He  is  required 
by  his  parents  to  perform  certain  actions,  and  is 
forbidden  to  perform  certain  others.  Thus,  the 
first  idea  of  government  is  obtained;  it  is  that  of 
a  power  which  influences,  guides,  and  controls 
actions  ;  a  power  that  prohibits  and  prevents  cer- 


8  FIRST   IDEAS    OF 

tain  things,   and    that    commands   and  requires 
certain  other  things. 

After  a  time,  the  child  makes  further  observa- 
tions ;  he  perceives  that  certain  rules  of  action  are 
laid  down  which  he  is  required  to  follow,  habit- 
ually. He  is  required,  for  instance,  to  come  to 
his  meal  when  the  bell  is  rung;  he  is  required 
every  morning  to  go  to  school  at  a  stated  hour ; 
he  is  commanded  always  to  speak  the  truth ;  he  is 
forbidden  to  take  that  which  is  not  his  own ;  he  is 
forbidden  to  speak  falsehood,  or  to  injure  the  body 
or  feelings  of  his  companions. 

Thus,  the  child  acquires  his  first  ideas  of  law, 
which  he  perceives  to  be  general  and  fixed  rules, 
by  which  action  is  to  be  regulated.  Accordingly, 
the  fireside  rules  are  the  first  laws  to  which  we 
are  subjected ;  they  proceed  from  the  family  gov- 
ernment, which  is  vested  in  the  hands  of  the 
parents. 

The  ideas  of  government  and  law  are  there- 
fore very  early  ones,  and,  for  obvious  reasons,  they 
make  a  deep  and  abiding  impression.  In  the  first 
place,  these  laws  come  from  parents,  whom  chil- 
dren usually  regard  with  affection  and  veneration.' 
The  parents  are  the  protectors  of  children;  the 
source  from  which  their  comforts  and  pleasures 
flow,  and  from  whom  their  first  knowledge  is 
obtained. 

Obedience  to  law,  therefore,  coming  from  such 
a  source,  would  seem  to  be  easy  and  natural ;  and 
it  doubtless  is  so,  provided  the  family  govern- 
ment be  well  and  wisely  administered.  And 
even  though  the  passions  of  children  lead  them 
to  frequent  rebellion,  the  notion  of  obedience 
to  laws,  of   obligation   to  regulate    conduct   by 


GOVERNMENT   AND   LAW.  9 

certain  rules,  becomes  a  strong  one  at  an  early 
period. 

This  notion  is  deepened  by  the  innate  perception 
of  right,  implanted  in  every  human  bosom.  As 
the  eye  perceives  light,  and  pronounces  it  to  be 
good,  the  soul  perceives  right,  and  pronounces  it 
to  be  good  also.  As  the  mind  is  irresistibly  influ- 
enced by  the  objects  which  light  discloses,  the  soul 
is  irresistibly  influenced  by  the  sense  of  right 
which  the  bosom  finds  and  feels  within. 

Now,  the  child  very  soon  perceives  the  utility 
of  family  government ;  the  necessity  of  obedience, 
even  for  his  own  advantage;  the  obligation  to  obey 
from  love,  gratitude,  and  respect  to  parents,  and 
from  a  regard  to  the  good  of  the  little  empire  of 
home.  He  sees  that  to  obey  is  right,  and  feels 
constrained  by  that  perception  of  fitness  within, 
to  yield  obedience. 

To  these  several  strands,  which  are  braided 
together,  and  constitute  the  motives  to  obedience, 
we  may  add  that  of  habit — the  habit  of  yielding  to 
authority,  to  magistracy,  to  law;  and  the  habit 
is  created  and  established  under  the  family  gov- 
ernment. Thus  the  fireside  is  a  little  kingdom, 
of  which  the  parents  are  the  sovereigns  and  the 
children  the  subjects.  Here,  children  get  their 
first  ideas  of  government,  of  laws,  of  right  and 
wrong,  of  justice  and  injustice,  of  obedience  and 
disobedience.  Here  the  first  ideas  of  obligation  to 
regulate  our  conduct  by  certain  fixed  rules  are 
presented ;  here  the  habit  of  acting  in  obedience  to 
such  rules  is  first  established. 

It  is  no  doubt  a  part  of  the  plan  of  divine  Provi- 
dence, that  habits  of  obedience  to  law,  of  surren- 
dering our  own  will  and  wishes  to  a  general  rule, 


10  FIRST   IDEAS    OF    GOVERNMENT   AND   LAW. 

should  thus  be  laid  deep  and  strong  at  the  fireside ; 
for  this  is  the  sheet  anchor  of  society.  A  child 
that  has  not  learned  obedience  to  parents  is  not 
likely  to  be  a  good  member  of  society,  and  to  obey 
the  laws  of  civil  government..  A  child  in  whose 
heart  the  perception  of  right  has  not  been  cher- 
ished and  cultivated  at  home,  is  hardly  likely  to 
grow  up  a  just  and  honest  citizen. 

It  is  therefore  a  matter  for  parents  to  consider, 
that  the  highest  possible  obligation  rests  upon 
them  to  teach  their  children  obedience  to  law — to 
the  law  of  right,  of  justice;  the  law  of  "do  to  an- 
other as  you  would  have  another  do  to  you."  It 
is  the  duty  of  parents  to  render  this  obedience  a 
matter  of  principle  and  habit.  All  this  is  a  duty 
required  by  God,  as  well  to  children  as  to  society. 

And  it  is  a  thing  for  children  to  consider  also, 
that  they  are  bound  to  learn  obedience  to  parents. 
They  are  bound  to  learn  to  bow  to  the  obligations 
of  justice;  they  are  bound  to  obey  parents;  to 
obey  God ;  to  obey  the  laws  of  the  land.  Obedi- 
ence is  the  great  lesson,  and  it  is  equally  required 
by  our  duty  to  our  parents,  ourselves,  our  Ore 
ator,  and  our  country. 


:  i 


CHAPTER  II. 

The  second  stage  of  knowledge  of  Law  and 
Government. 


Taking  a  thief  to  prison. 

When  children  are  sufnciently  advanced,  they 
go  forth  from  the  parental  roof,  and  whether  in 
the  field,  the  forest,  or  the  street,  they  find  that 
everywhere  there  is  government  and  law. 

If  a  child  sees  ripe  fruit  in  a  neighbor's  garden, 
he  sets  out  to  get  it,  but  is  immediately  told  that 
he  must  not.  He  asks  why  he  must  not  get  it, 
and  is  answered  that  it  is  against  the  law.  A  boy 
is  about  to  throw  down  a  stone  wall  around  a  field, 
and  is  told  he  must  not,  because  it  is  against  the 
law.  A  young  fellow  wishes  to  ride  into  a  neigh- 
bor's field  of  grain,  but  he  must  not,  for  it  is 
against  the  law. 


12        SECOND   STAGE   OF   LAW   AN0   GOVERNMENT. 

A  young  person  in  reading  a  newspaper  sees 
an  account  of  a  man  who  is  seized  and  hur- 
ried away  to  prison  for  theft,  and  learns  that 
thieving  is  forbidden  by  the  law.  In  another 
paper  the  reader  finds  an  account  of  some  pirates 
being  hung,  because  they  robbed  a  vessel  upon  the 
high  seas,  and  this,  too,  because  such  robbery  is 
against  the  law. 

Thus  the  law  is  seen  to  be  everywhere,  upon  the 
land  and  the  sea,  in  town  and  country ;  and  the 
question  soon  arises,  who  makes  the  law?  The 
answer  to  this  is  readily  given ;  it  is  the  govern- 
ment. But  what  is  the  government  7  Who  is  it, 
what  is  it,  that  has  spread  this  net- work  of  prohi- 
bition and  requisition  over  the  land,  involving 
every  member  of  society  in  its  meshes?  Who 
administers  the  government?  Who  makes  the 
government?  By  what  means  or  instruments  does 
the  government  operate  ?  Why  do  people  obey 
the  government?  How  does  it  acquire  such  uni- 
versal and  decisive  power  ? 

To  some,  or  perhaps  all  of  these  questions, 
which,  one  after  another,  arise  in  the  mind, 
young  persons  gradually  obtain  answers;  but 
these  are  usually  imperfect  and  confused.  I  pro- 
pose, therefore,  to  proceed  to  describe  government, 
its  origin,  nature,  and  necessity;  its  various  forms 
in  different  parts  of  the  world,  and  especially  that 
form  adopted  in  our  own  country. 

In  the  course  of  this  delineation  of  government, 
I  shall  have  occasion  to  exhibit  the  origin  and 
sources  of  laws;  the  manner  of  their  enactment; 
and  the  means  by  which  they  are  made  to  regu- 
late the  conduct  of  mankind. 


CHAPTER  III. 


The  different  Conditions  of  Mankind. 
Savage  State. 


The 


The  savage  state. 


A  PERSON  who  travels  over  the  world  will  soon 
perceive  that  the  people  of  different  countries  are 
in  very  different^ situations.  The  native  Indians 
of  America  for  the  most  part  live  by  hunting ;  they 
do  not  build  permanent  houses,  but  dwell  in  tents 
or  wigwams,  and  they  pay  little  attention  to  the 
cultivation  of  the  earth.  These  people  we  call 
savages,  because  they  are  wild,  rude,  and  cruel 
in  their  customs,  manners,  and  feelings. 

If  we  go  among  these  tribes,  we  shall  see  certain 
things  which  always  belong  to  a  savage  commu- 
nity. They  have  no  books,  and  of  course  they 
cannot  read ;  they  have  no  ships,  and  carry  on  no 
commerce  by  sea ;  they  do  not  build  cities ;  they 
have  no  great  roads,  canals,  or  other  public  works ; 
they  are  coarse  and  sensual  in  their  tastes  and 
feelings ;  they  have  little  sympathy  for  the  sick, 
2 


14  THE   SAVAGE    STATE. 

the  wounded,  or  the  miserable ;  in  religion  they 
are  superstitious,  and  inclined  to  idolatry. 

In  the  savage  state,  the  women  are  generally 
slaves,  and  are  compelled  to  do  the  common  labor 
of  the  household,  to  carry  burthens,  to  toil  in  the 
field,  and  to  do  all  the  ordinary  drudgery  of  life. 
The  men  are  usually  addicted  to  war,  hunting,  and 
rude  amusements. 

The  lands  are  generally  held  in  common. 
Among  us,  all  property  belongs  to  some  individual, 
who  alone  has  a  right  to  it ;  but  among  savages, 
each  person  may  cultivate  any  unoccupied  spot  he 
pleases ;  he  may  hunt  where  he  pleases,  and  he 
may  build  a  wigwam  where  he  pleases. 

Among  us,  all  property  belongs  to  some  indi- 
vidual, who  alone  has  a  right  to  it.  Thus,  each 
man's  house  is  his  own,  and  no  one  can  lawfully 
disturb  him  in  the  possession  of  it.  It  is  the  same 
with  his  land,  furniture,  money,  and  merchandise. 
With  our  western  Indians,  the  property  of  each 
individual  of  the  tribe  is  parti^-lly  secured,  but 
with  many  savages  it  is  otherwise.  In  New 
Guinea,  an  individual  may  perhaps  claim  the  bow 
and  arrow  he  has  made,  or  the  wigwam  he  has 
built ;  but  these  are  by  no  means  secure  from  a 
stronger  man,  who  may  be  disposed  to  take  them 
away ;  and  indeed  it  is  usual  among  these  tribes 
for  any  one  to  take  whatever  he  desires  for  his 
use,  provided  another  is  not  actually  in  the  pos- 
session of  it. 

Among  savages,  there  are  no  written  oi 
printed  laws.  The  people  have  certain  customs 
and  if  disputes  arise,  they  are  settled  according  it 
these.  All  communities  have  some  government 
Our  American  Indians  are  usually  governed  bv 


THE   BARBAROUS    STATE. 


15 


a  chief,  whose  will  is  law.  He  is  sometimes  as- 
sisted by  a  council  of  aged  men,  who  assemble  on 
important  occasions,  and  give  their  opinions.  But 
these  may  be  overruled  by  the  chief. 


CHAPTER  IV. 

The  Barbarous  State. 


The  barbarous  state. 

The  traveller,  in  pursuing  his  inquiries,  will 
find  various  nations  so  far  advanced  beyond  the 
savage  state  as  to  have  permanent  dwellings,  and 
considerable  cities ;  as  to  carry  on  commerce'  by 
sea;  to  have  the  art  of  working  metals;  to  use 
the  labor  of  the  horse,  or  camel,  or  ox  ;  to  have  a 
distribution  of  lands,  and  a  division  of  property ; 
but  which  are  still  without  books  in  general  use, 
without  education  among  the  people  at  large, 
without  printed  laws,  and  without  any  settled 
administration  of  justice. 

Among  such  nations  the  governments  are  des- 
potic, the  people  neither  knowing  nor  asserting 


16  THE   BARBAROUS   STATE. 

their  rights,  but  blindly  submitting  to  power. 
Examples  of  such  nations  may  be  found  in  Mo- 
rocco, Tunis  and  Tripoli,  in  Africa ;  in  Tartary, 
Beloochistan,  Thibet,  Burmah,  and  other  countries 
of  Asia. 

In  such  countries  as  these  the  will  of  the  chief 
is  law — no  man  there  is  secure  of  his  life,  his 
property,  or  his  character.  The  chief  may  cause 
any  man's  head  to  be  taken  off,  or  his  money 
and  estates  to  be  taken  away,  without  trial,  and 
without  remedy  to  the  injured,  or  retribution  to 
the  injurer. 

Among  such  a  people,  there  is  no  enlightened 
public  opinion  ;  no  pervading  sense  of  justice ;  no 
security  for  the  weak  against  the  strong,  for  the 
poor  against  the  rich,  for  the  citizen  against  the 
office-holder.  Might  makes  right,  and  selfishness 
is  the  usual  guide  of  human  actions.  In  such 
countries,  there  are  no  established  courts  of  justice ; 
or  if  there  are,  they  are  corrupt,  and  overruled  by 
the  prince,  or  the  men  of  wealth  and  power. 

This  state  of  society  is  called  barbarous;  for, 
though  it  is  an  advance  from  the  savage  state,  still 
the  ruling  spirit  of  the  nation  is  severe,  unjust, 
unenlightened,  and  cruel.  The  minds  of  the  peo- 
ple are  not  elevated  by  knowledge,  nor  are  their 
hearts  guided  by  a  sense  of  justice. 

This  condition  does  not  preclude  the  existence 
of  pomp,  luxury  and  refinement  among  the  higher 
ranks.  The  chiefs  and  their  favorites,  are  usually 
addicted  to  expensive  and  ostentatious  modes 
of  living.  Their  palaces  are  often  magnificent, 
being  fitted  up  with  gorgeous  tapestries,  and  re- 
splendent; "\^ith  every  species  of  dazzling  orna- 
ment.    But  the  proprietors  of  these  palaces  are 


THE  CIVILIZED   STATE. 


IT 


usually  devoted  to  animal  pleasures,  and  their 
refinement  is  generally  displayed  rather  in  sensu- 
ality than  in  intellectual  pursuits. 


CHAPTER  V. 

The  Civilized  State. 


When  a  nation  has  so  far  advanced  in  refine- 
ment as  to  have  a  well  settled  government,  which 
ensures  order  ;  which  has  regular  tribunals  of  jus- 
tice, a  general  knowledge  of  the  arts,  a  security 
for  life  and  property,  and,  above  all,  books,  which 
are  diffused  and  read  among  the  mass  of  the 
inhabitants — we  say  it  is  in  a  civilized  state ;  for 
civilization  implies  refinement  of  manners,  a  know- 
lodge  of  the  useful  arts,  and  a  general  diffusion  of 
knowledge. 

Among  the  civilized  nations,  we  may  place  the 

United  States,  most  of   the  nations  of  Europe, 

China,  and  some  others  of  the  Eastern  continent. 

There  are  some  nations  that  can  hardly  be  classed 

2^  2 


18  THE   CIVILIZED   STATE. 

as  either  barbarous  or  civilized,  but  are  rather 
semi-barbarous. 

Such  a  nati3n  are  the  Turks  of  Europe,  who 
have  many  marks  of  civilization ;  as,  for  instance, 
they  have  a  general  sense  of  justice,  much  intelli- 
gence, some  books,  many  ingenious  manufactures, 
considerable  commerce,  and  a  settled  government. 
But  they  are  still  destitute  of  courts  of  justice, 
which,  in  general,  protect  life  and  property. 
Might  is  too  often  the  rule  of  right ;  woman  is  the 
slave  of  man ;  the  office-holder  is  above  the  citi- 
zen ;  the  sultan  and  his  favorites  may  trample  on 
justice  with  impunity. 

Nearly  the  same  may  be  said  of  Egypt,  Persia, 
and  most  of  the  nations  of  India.  In  all  these, 
there  is  a  defective  morality,  a  loose  state  of  pub- 
lic opinion,  a  want  of  justice  in  private  dealings, 
and  an  insecurity  of  life,  liberty  and  property. 

The  civilized  state  does  not  necessarily  exclude 
tyranny  and  oppression,  for  among  some  of  the 
civilized  nations  of  Europe,  as  Russia,  Spain,  and 
Austria,  there  is  much  of  both.  Nor  does  the 
civilized  state  necessarily  include  a  system  of  gov- 
ernment which  distributes  equal  justice  to  all; 
which  places  the  poor  on  a  level  with  the  rich,  and 
the  holder  of  office  on  the  same  footing  as  the  citi- 
zen. Most,  or  all  the  governments  of  Europe, 
exhibit  some  defects  in  these  respects. 

Civilization  implies  a  state  of  advancement 
towards  perfection  in  human  society.  All  that 
tends  to  make  a  people  wise,  happy,  free  and  pros- 
perous, tends  to  raise  them  in  the  scale  of  civiliza- 
tion. All  that  tends  to  make  a  people  less  wise, 
less  happy,  less  free,  or  less  prosperous,  tends  to 
sink  them  in  the  scale  of  civilization. 


CIVIL    SOCIETY. 


19 


In  fixing  the  comparative  degree  of  civilization 
to  which  any  country  is  entitled,  we  have  to  con- 
sider the  situation  of  the  whole  people  in  respect  to 
wisdom,  happiness,  freedom  and  prosperity.  Judg- 
ing by  this  rule,  we  may  claim  the  first  rank  for  our 
own  country,  and  after  this,  England,  France,  Hol- 
land, Belgium,  and  Prussia.  The  other  nations  of 
Europe  may  be  ranked  as  follows  :  the  German 
nations  generally ;  the  Swedes,  the  Swiss,  Danes, 
Spaniards,  Italians,  Greeks,  Russians,  and  Turks. 


CHAPTER  VI. 

Society— Civil  Society. 


Society  is  a  collection  of  individuals,  united  by 
certain  ties  or  obligations.  A  family  is  a  society, 
united  by  the  ties  or  obligations  of  parents  to  the 


8©  CIVIL   SOCIETY. 

children,  and  children  to  the  parent.  These  ties 
and  obligations  are  founded  in  the  best  good  of  the 
whole  family :  that  is,  the  parents  are  bound  to 
fulfil  certain  duties,  and  the  children  to  fulfil 
certain  duties,  because  the  best  good  of  all  is  con- 
cerned. 

Thus  any  number  of  individuals,  united  by  cer- 
tain ties,  constitute  society ;  but  a  society  may 
be  instituted  for  particular  purposes  and  of  a  lim- 
ited nature.  An  insurance  company  is  a  society, 
for  special  objects,  and  its  obligations  are  restricted 
to  these. 

Civil  society  is  that  of  the  state,  in  which  all 
the  people  are  united  under  a  government  for  the 
best  good  of  all.  This  civil  society,  constituting 
the  state,  is  society  of  the  highest  and  most  impor- 
tant kind,  because  it  involves  the  happiness  of  all, 
and  reaches  every  interest  and  transaction  of 
hfe. 

The  obligations  of  civil  society,  or  obligations  to 
the  state,  are  therefore  deserving  of  great  attention, 
because  they  relate  to  the  happiness  of  the  whole 
nation,  and  to  all  the  interests  of  every  indi- 
vidual. 

Thus,  in  all  the  several  conditions  in  which 
mankind  are  to  be  found,  whether  in  a  savage, 
barbarous,  or  civilized  state,  we  observe  three 
things — where  several  people  live  together,  there 
is  society;  and  where  there  is  society  there  is 
government,  and  where  there  is  government  there 
is  a  multiplied  system  of  obligations  imposed  upon 
all  the  members  and  subjects  of  it. 

If  a  man  lives  alone  upon  an  island,  or  in  any 
other  situation  where  his  actions  have  no  influ- 
ence on  othsrs,  then  he  is  a  solitary,  not  a  social 


INDIVIDUAL   PROPERTY.  21 

being;  but  the  moment  he  lives  with  another, 
society  begins,  and  mutual  obHgations  follow. 
He  is  no  longer  independent  and  at  liberty  to  act 
for  himself  alone,  but  he  is  bound  by  the  great 
rule,  ''  Do  to  another  as  you  would  have  another 
do  to  you."  When  a  government  is  established, 
civil  society  begins,  and  the  duties  and  obligations 
are  extended  to  the  whole  community. 


CHAPTER  VII, 

Individual  Property. 

I  HAVE  already  said  that  in  some  countries 
property  is  held  in  common;  there  is  no  distri- 
bution of  it  to  individuals :  the  idea  of  mi7ie  and 
thine  does  not  exist.  In  this  state  of  society 
there  is  never  any  advance  in  civilization:  the 
people  are  always  in  a  savage  state. 

As  society  advances,  the  custom  prevails  for  an 
individual  to  claim  as  his  own,  what  he  acquires 
by  his  toil,  his  enterprise,  or  his  ingenuity.  The 
advantages  of  this  are  soon  seen ;  for,  stimulated 
to  exertion  by  knowing  that  what  he  acquires  he 
can  have  to  his  own  use  and  benefit,  each  indi- 
vidual is  induced  to  be  industrious,  and  to  put 
forth  his  best  eiforts. 

The  consequence  of  this  is,  that  property  is 
increased,  the  various  arts  are  promoted,  the  com- 
forts and  necessaries  of  life  are  multiplied.  Thus 
the  state  is  enriched,  and  the  whole  community  is 
benefited.     In  order  to  obtain  the  full  advantages 


22  INDIVIDUAL    PROPERTY. 

of  this  system,  laws  are  enacted  to  secure  to 
each  individual  the  acquisition  of  his  labor,  skill, 
and  exertion ;  and  a  community  is  usually  happy, 
prosperous  and  civilized,  in  proportion  as  his  acqui- 
sitions are  thus  secure. 

On  the  contrary,  a  community  is  usually  poor, 
rude  and  uncivilized,  in  proportion  as  the  acquisi- 
tions of  the-  people  are  insecure ;  for  if  a  person 
knows  that  the  fruits  of  his  exertions  may  be  taken 
away  by  the  government,  or  the  privileged  classes, 
or  the  powerful,  he  is  discouraged,  and  will  usually 
make  little  effort  to  secure  property  beyond  the 
mere  wants  and  necessities  of  life. 

Such  is  the  importance,  therefore,  of  security  of 
property  to  individuals,  that,  in  civilized  countries, 
by  far  the  largest  portion  of  the  laws,  and  the 
most  important  functions  of  government,  have  this 
for  their  object  and  end. 

A  right  of  a  man  to  the  property  he  acquires, 
involves  other  rights,  such  as  liberty  to  employ 
his  time,  thoughts,  and  faculties  as  he  pleases: 
where  property  is  secure,  therefore,  freedom  is 
secure.  But  of  this  topic  I  shall  have  occasion  to 
speak  hereafter. 


CHAPTER    VIII. 

Justice— Civil  Justice. 


d 

w^M 

B— 

p 

Justice  is  the  measuring  out  to  each  individual 
what  is  his  due,  according  to  the  inflexible  rule  of 
right.  Justice  is  frequently  personified,  and  repre- 
sented as  holding  a  pair  of  balanced  scales,  thus 
indicating  its  disposition  to  estimate  things  by  the 
true  and  even  standard  of  right. 

Political  or  civil  jicstice,  is  the  measuring  out 
what  a  man  may  claim  according  to  the  laws  of 
the  land.  If  the  laws  are  founded  in  absolute 
justice,  then  political  or  legal  justice  coincides 
with  absolute  justice. 

The  perception  and  feeling  of  justice,  is  as  much 
a  part  of  man's  nature,  as  his  perception  of  color 
or  feeling  of  beauty.  As  there  are  persons  who 
are  idiots,  and  others  who  are  insane,  there  may 


24  HUMAN    RIGHTS. 

be  individuals  so  stupid,  ignorant,  or  debased 
as  not  to  perceive,  or  but  faintly,  what  justice 
is,  and  not  to  appreciate  the  obligation  of  obeying 
its  dictates.  But  there  is  no  nation  at  large  among 
whom  a  sense  of  justice — a  perception  of  right,  and 
an  obligation  to  follow  it — does  not  exist,  and 
where  it  does  not  tend  to  guide  or  govern  the 
actions  of  men. 

This  intuitive  perception  of  justice,  with  an  at- 
tendant conscience,  demanding  its  observance, 
though  innate  and  natural,  may  be  greatly  weak- 
ened or  dulled  by  the  usages,  customs,  and  habits 
of  society.  In  proportion  as  the  mind  is  enlight- 
ened, this  perception  becomes  clear  and  strong; 
but  the  fullest  exercise  of  justice,  is  ensured  by 
adopting  the  belief  and  practice  of  Christianity. 

It  seems  to  be  a  fact  that  no  people  have  ever 
practically  adopted  justice  as  the  basis  of  govern- 
ment, and  the  guide  of  society,  except  in  christian 
countries.  However  riian  may  be  endowed  with 
the  natural  perception  of  justice,  he  seems  to  need 
the  ever-illuminating  and  purifying  spirit  of  Chris- 
tianity, to  keep  his  mind  clear  and  his  heart  right. 


CHAPTER  IX. 

Human  Rights. 

If  justice  is  giving  to  every  man  his  rights, 
in  order  to  deal  justly,  we  must  inquire  what- the 
rights  of  man  are.  The  scripture  rule,  indeed,  is 
an  admirable  guide  in  the  practice  of  life — it  tells 


HUMAN   RIGHTS.  25 

US  to  do  to  another  as  we  would  have  another  do 
to  us.  It  is  rare  indeed  that,  if  an  individual  will 
follow  this  rule,  he  will  do  injustice  to  any  one. 

But  it  is 'still  necessary,  in  the  formation  of 
government  and  the  enacting  of  laws,  to  ascer- 
tain what  human  rights  are,  lest  they  should  be 
infringed  or  violated ;  and  it  is  the  duty  of  those 
who  frame  la-ws,  to  see  that  these  rights  are,  as  far 
as  possible,  secured. 

The  general  rights  of  man  are  life,  liberty, 
and  the  pursuit  of  happiness ;  that  is,  a  man  has 
a  right  to  his  life,  and  the  free  exercise  of  his  mind; 
he  has  a  right  to  his  personal  liberty,  which  is 
freedom  to  go  where  he  pleases,  and  act  as  he 
pleases ;  he  has  a  right  to  pursue  happiness  in  his 
own  way — to  eat,  to  drink,  to  sleep,  to  speak,  read, 
write,  how  and  when  he  pleases — provided  that,  in 
in  all  this,  he  interferes  with  the  rights  of  no  other 
person.  These  are  the  abstract  or  natural  rights  of 
man ;  and  may  be  limited,  or  abridged,  or  taken 
away,  only  for  the  public  good. 

The  basis  of  human  rights  is  liberty ;  and 
this  consists  in  a  man's  right  to  himself-— to  his 
body,  to  his  mind,  and  all  his  faculties,  with  the 
power  of  exercising  them  in  his  own  way,  so  far 
as  he  does  not  injure  others.  The  value  of  liber- 
ty, therefore,  as  a  means  of  obtaining  happiness,  is 
beyond  price ;  and  accordingly  we  find  that  our 
wise  forefathers  fought,  and  bled,  and  died  to 
obtain  it  for  themselves  and  their  descendants. 
Still,  it  will  be  seen  hereafter,  that  our  natural 
rights  or  our  natural  liberty,  are  abridged  by  the 
laws  of  society,  and  that  a  person  is  bound  to  give 
them  up,  as  far  as  the  greatest  good  of  the  greatest 
number,  requires. 
3 


CHAPTER  X. 


Liberty— Absolute  Liberty;  Natural  Liberty 


Natural  liberty. 


Liberty  is  freedom  from  restraint.  In  its  wid- 
est sense,  it  is  the  free  permission  to  exercise  our 
powers  of  body  and  mind  as  we  please,  without 
hindrance  or  restraint.  This  is  absolute  liberty. 
According  to  this,  a  man  might  take  away  anoth- 
er's property  or  hfe;  or  enslave  another  man;  or 
make  him  the  tool  of  his  pleasures  or  caprices. 
According  to  this,  a  strong  man  might  use  a  weak 
one  as  he  pleased,  or  the  cunning  man  might  cheat 
or  circumvent  another,  and  thus  take  away  his 
life  or  property,  or  make  him  the  slave  of  his 
pleasures. 

This  is  liberty  without  law.  Such  liberty  as 
this  could  exist  only  in  theory,  for  where  society 
has  enacted  no  law,  the  obligation  of  justice  exists. 


NATURAL   LIBERTY.  27 

A  savage  is  as  truly  bound  by  the  golden  rule, 
*'  do  to  another  as  you  would  have  another  do  to 
you,"  as  a  member  of  civilized  society;  for  even  the 
savage  has  a  sense  of  right  and  wrong.  Truth  and 
justice  are  intuitive  perceptions  and  feelings,  in 
every  human  soul,  and  conscience  enforces  .  their 
observance.  Every  human  being,  therefore,  has 
his  absolute  liberty  abridged,  by  notions  of  right 
and  wrong,  anterior  to  the  formation  of  civil  gov- 
ernment. 

Practically,  absolute  liberty  would  be  the 
harshest  kind  of  tyranny,  for  it  would  immediately 
result  in  making  the  weak,  the  slaves  of  the  strong. 
Not  only  would  the  weak,  therefore,  be  deprived 
of  liberty,  but  of  justice.  In  this  state  of  things, 
no  man  is  free,  except  the  strongest  man  ;  he  alone 
has  power  to  act  as  he  pleases ;  all  the  rest  are  his 
slaves :  so  that  a  community  endeavoring  to  estab- 
lish absolute  liberty,  immediately  make  all  the 
members  but  one,  the  slaves  of  a  master  whose 
might  is  the  rule  of  right. 

Absolute  liberty,  therefore,  as  said  before, 
immediately  runs  into  despotism.  It  is  a  thing 
that  can  only  exist  where  one  man,  like  Alexander 
Selkirk,  or  Robinson  Crusoe,  is  alone  upon  an 
island,  and  '-monarch  of  all  he  surveys."  Absolute 
liberty,  in  society,  is  a  practical  absurdity — an 
impossibility. 

Natural  liberty  is  freedom  from  restraint  ex- 
sept  so  far  as  is  imposed  by  the  laws  of  nature. 
According  to  this,  a  man  may  speak,  act,  and 
think  as  he  pleases,  without  control;  in  this  sense, 
it  is  synonymous  with  absolute  liberty.  But  it 
is  often  applied  to  a  state  of  society,  where  re- 
straints do  actually  exist ;  as,  for  instance,  among 


28  LIBERTY — ABSOLUTE   LIBERTY; 

savages,  even  where  property  is  held  in  common, 
and  where  of  course  there  is  no  theft,  there  are 
still  obligations,  rules,  and  restrictions,  of  some 
kind. 

The  coward  is  punished  with  death;  the  par- 
ricide is  banished;  the  traitor  is  shot.  Every 
member  of  such  a  society  is  under  certain  re- 
straints, and  certain  abridgments  of  absolute 
liberty.  If  one  is  guilty  of  cowardice,  he  consents 
to  lose  his  life ;  if  he  kills  his  parent,  he  consents 
to  be  forever  cast  out  of  his  tribe ;  if  he  betrays 
his  nation,  he  agrees  that  he  shall  be  slain  by  an 
arrow.  Thus  he  is  restrained  from  cowardice, 
killing  a  father  or  mother,  or  betraying  his  coun- 
try; all  of  which  are  abridgments  of  absolute 
liberty. 

Thus,  in  the  simplest  and  rudest  stages  of 
natural  liberty,  as  put  in  practice  among  mankind, 
we  see  certain  restraints  upon  absolute  liberty, 
established  by  the  laws  or  customs  of  the  nation. 
But,  in  point  of  fact,  other  restraints  are  put  upon 
the  largest  part  of  the  community ;  for  in  such  a 
state  of  society  the  weak  are  obliged,  for  the  most 
part,  to  bow  to  the  strong.  If,  indeed,  the  weak 
are  protected  from  the  strong,  then  the  strong  are 
restrained,  and  so  far  natural  or  absolute  liberty,  is 
abridged.  If  it  is  not  thus  abridged,  if  the  weak 
are  not  protected  from  the  strong,  then  they  are 
the  slaves  of  the  strong.  In  this  state  of  society, 
where  natural  liberty  is  said  to  prevail,  the  mass 
are  subject  to  the  despotism  of  a  few ;  the  weak 
are  the  slaves  of  the  strong.  A  state  of  natural 
liberty,  is,  therefore,  practically,  a  state  of  tyranny 
on  the  one  hand  and  slavery  on  the  other. 

An  illustration    of    this  is   found  among  the 


NATURAL   LIBERTY.  29 

animal  tribes.  Among  the  fowls  of  the  barnyard, 
there  is  no  law  :  the  males  meet  in  conflictj  and 
the  strongest  or  most  active  becomes  the  master. 
Among  a  pack  of  wolves,  or  among  dogs,  the 
question  who  shall  have  the  bone,  is  settled  by 
fighting  it  out,  and  the  strongest  has  it.  The  law 
of  nature,  then,  is  a  law  of  force :  "where  there  is 
no  other  than  natural  law,  might  is  the  only  rule 
of  right. 

Even  if  all  men  were  virtuous,  a  state  of  natu- 
ral and  universal  Hberty  could  not  exist — for  virtue 
itself  implies  an  observance  of  rules,  obligations, 
laws.  A  virtuous  man  will  not  steal;  therefore,  his 
liberty  in  this  respect,  is  restrained.  It  is  restrained 
by  law ;  and  the  only  difference  between  this  re- 
straint and  that  of  civil  government,  is,  that  God 
enacts,  and  his  own  heart  enforces,  the  law. 

Civil  government  is  founded  in  the  idea  that 
men  are  not  all  virtuous ;  that  men  will  not  enact 
and  observe  just  laws  individually  and  of  them- 
selves ;  and  therefore,  to  secure  order,  peace  and 
justice,  government  must  enact  and  enforce  laws, 
and  thus  abridge  natural  or  absolute  liberty. 

Experience,  in  all  ages,  has  taught  the  lesson, 
that  among  men,  as  well  as  among  animals,  there 
being  some  strong  and  some  weak,  the  former  will 
ever  seek  to  get  the  advantage  of  the  latter. 
Thus  government  steps  in  to  protect  the  weak 
against  the  strong ;  to  substitute  justice  for  force, 
right  for  might. 

3* 


CHAPTER- XI. 

.  Civil  Liberty. 

Civil  liberty  is  freedom  to  think  and  act  as  we 
see  fit,  except  so  far  as  the  good  of  society  may 
require  abridgment  and  restraint.  A  man  has  a 
natural  right  to  all  he  gains  by  his  honest  labor, 
but  in  civilized  society  he  consents  to  be  taxed, 
and  thus  part  with  a  portion  of  his  earnings,  to 
sustain  the  government,  on  the  ground  that  it  is 
best  for  the  whole,  and  for  himself  among  the 
number,  to  have  a  government.  A  man  has  a 
natural  right  to  walk  or  ride  where  he  pleases ;  but 
in  civilized  society,  he  consents  to  have  his  abso- 
lute liberty  so  far  abridged,  as  not  to  have  a  right 
to  ride  or  walk  in  his  neighbor's  garden  or  parlor, 
or  on  the  sidewalks  of  a  city. 

Thus,  in  a  great  variety  of  ways,  a  member 
of  civilized  society  consents  to  have  his  absolute 
liberty  abridged ;  he  consents  to  be  obliged  to  serve 
on  juries ;  to  be  compelled  to  do  military  duty ;  to 
forego  the  privilege  of  selling  noxious  drugs;  of 
dealing  in  gunpowder,  except  under  license;  he 
consents  to  be  obliged  to  buy  his  wood,  fish,  flour, 
and  various  other  articles,  only  when  inspected. 

He  consents  to  all  these  restraints  and  priva- 
tions, not  because  they  are  good  in  themselves, 
but  because  society  is  benefited,  and  he  is  himself 
better  ofi"  than  he  would  be,  if  such  restraints  did 
not  exist.  He  gives  up  some  of  his  natural  rights, 
some  of  his  absolute  liberty,  for  a  greater  good, 
which  is,  security  to  the  remainder  of  his  rights. 

This  is  the  great  principle  on  which  civilized 


# 


CIVIL   LIBERTY.  *"       31 

society  rests ;  it  is  the  basis  of  all  good  and  well 
ordered  government.  All  government  is  restraint 
and  abridgment  of  our  natural  and  absolute  liberty. 
But  government  is  necessary  for  the  security  of 
our  lives,  our  property,  our  houses,  our  families, 
our  characters.  Without  a  good,  stable,  and  well 
ordered  government,  nine  out  of  ten,  being  the 
weaker,  must  be  the  slaves  of  the  stronger.  A 
good  government  places  the  weak  and  strong  on 
the  same  level;  it  sets  up  a  standard  of  right,  and 
restrains  that  of  might ;  it  weighs  everything  in 
the  balance  of  justice,  and  does  not  decide  ques- 
tions by  force  or  violence. 

It  is  in  order  to  secure  justice,  that  men  in 
civilized  society,  give  up  certain  portions  of  their 
absolute  liberty,  or  absolute  rights.  They  give  up 
a  part  to  secure  the  remainder.  Thus,  if  a  man 
has  a  property  of  10,000  dollars,  he  consents  to  be 
taxed  fifty  dollars  a  year;  and  what  he  gets  in 
return  for  this,  is  the  obligation  of  the  government 
that  he  shall  securely  enjoy  the  remainder.  With- 
out this  security,  the  strong  man,  or  several  men 
combined,  might  come  upon  him,  and  by  violence 
take  all  his  money  away,  and  he  could  have  no 
remedy.  But  by  paying  fifty  dollars  a  year  he 
secures  the  enjoyment  of  the  remaining  9,950  dol- 
lars. Thus  he  yields  a  part  of  his  liberty  or  his 
right,  to  secure  a  greater  and  more  important 
good. 

In  a  civilized  society,  the  laws  are  numer- 
ous, and  as  each  law  is  an  abridgment  of  some 
portion  of  absolute  liberty,  it  might  seem  that  all 
liberty,  would  be  taken  away.  But  still,  it  appears 
that  all  liberty,  essential  to  happiness,  is  compatible 
with  a  complete  system  of  laAVS ;  and  in  fact  where 


32  CIVIL   LIBERTY. 

the  laws  are  just,  and  most  completely  carried  mto 
effect,  there  is  the  greatest  amount  of  practical 
liberty.  When  a  just  law  is  transgressed,  an 
injury  is  done  to  the  rights  and  liberties  of  at  least 
some  member  of  society;  where  just  laws  are 
most  strictly  observed,  there  is  the  greatest  equal- 
ity of  rights,  and  the  greatest  amount  of  practical 
liberty. 

If  you  were  to  go  among  the  savage  tribes 
of  New  Holland,  you  would  see  that  the  lands, 
dwellings,  and  most  of  the  property  are  held  in 
common.  You  would  see  that  each  person  seems 
to  go  where  he  pleases,  to  take  what  he  pleases, 
and  to  think  and  act  as  he  pleases.  You  would 
find  among  these  people  no  book  of  statutes  or 
laws;  you  would  find  no  court-houses,  no  jails, 
none  of  that  mighty  machinery,  which  belongs  to 
the  making  and  enforcing  of  laws  among  us.  You 
would  perhaps  be  ready  to  say  that  here  is  a  peo- 
ple in  the  enjoyment  of  absolute  liberty,  or  if 
indeed  it  be  abridged,  it  is  in  a  very  shght  de- 
gree. 

But  examine  a  little  closer.  You  see  a  sav- 
age making  a  bow.  He  toils  at  it,  day  by  day, 
for  a  month.  Nothing  can  exceed  the  patience 
and  care  with  which  he  selects  a  stick,  shapes  it 
with  a  sharp  stone,  bends  it  so  as  to  retain  the 
proper  shape,  and  finally  finishes  it  by  covering 
the  ends  with  a  coating  of  sinews.  It  has  cost 
him  a  month's  labor.  And  now  for  a  quiver  of 
arrows !  Here  is  another  long  and  tedious  job.  It 
takes  two  or  three  days  to  make  a  good  arrow, 
with  a  savage's  tools.  After  another  month's  toil, 
the  quiver  is  finished. 

Now,  would  you  not  say  that  this  bow  and  this* 


CIVIL   LIBERTY.  33 

quiver  of  arrows,  were  of  right  the  property  of  this 
savage  who  has  made  them  ?  They  are  the  pro- 
duct of  his  toil,  his  ingenuity,  his  sacrifices.  Com- 
mon sense  tells  us  that  they  are  his.  That  a  man 
is  entitled  to  the  productions  of  his  own  industry 
and  skill,  is  a  point  as  clear  and  as  natural,  as  that 
two  and  two  make  four.  But,  among  savages,  if 
absolute  liberty  prevails,  the  first  Indian  who  sees 
the  bow  and  arrows  made  by  another,  may  take 
them  away  and  appropriate  them  to  his  own  use. 
If  he  may  not,  then  absolute  liberty  does  not  pre- 
vail. If  he  is  restrained  by  any  rule,  or  custom,  or 
sense  of  justice,  then  there  is  a  restraint  upon  his 
natural  or  absolute  liberty. 

But  let  us  look  a  little  further  into  society. 
One  of  the  savages  builds  a  hut,  or  wigwam.  Is 
it  his,  or  not?  If  absolute  liberty  prevails,  it  is 
his,  for  surely  freedom  implies  a  right  to  the  free 
enjoyment  of  what  a  man  produces  by  his  toil. 
But  we  see  that  all  things  are  held  in  common 
with  these  savages.  Of  course,  then  a  man  has 
not  a  legal  right  to  the  possession  and  enjoyment 
of  what  his  labor  creates.  Here,  then,  at  the  out- 
set, is  a  blow  at  the  very  foundation  of  liberty,  for 
what  a  man  himself  produces  is  taken  away,  and 
made  the  property  of  society.  The  first  principle 
of  such  a  society  seems  to  be  wholesale  robbery. 

Let  us  examine  further.  We  shall  see  that, 
in  point  of  fact,  even  in  this  rude  state  of  society, 
there  are  various  rules,  customs  and  opinions, 
which  have  the  force  of  law,  and  which  do  impose 
restraints  upon  the  actions  of  men.  But  we  shall 
notice  one  thing,  that,  as  the  laws  are  few,  imper- 
fect, or  ill  administered ;  just  in  that  proportion  our 
life,  property,  house,  home,  and  character  are  inse- 
3 


34  ILLUSTRATIONS. 

cure ;  and  if  these  things  are  insecure — if  life,  the 
property  acquired  by  industry,  the  house,  the 
home,  the  fireside,  the  wife  and  children,  domestic 
comfort,  character — all  that  we  love  and  cherish 
and  toil  for — if  these  are  liable  to  be  taken  away 
by  the  strong  or  the  violent,  of  what  value  is  lib- 
erty ?  Is  there  such  a  thing  as  liberty,  where  these 
rights  are  insecure  ? 

Is  not  society  thus  situated,  subject  to  the 
despotism  of  force?  and  do  we  not  see  that  in  rude 
and  savage  tribes,  where  at  first  view  we  might 
say  there  was  most  liberty,  in  point  of  fact,  there 
is  the  least  liberty  ?  And  does  not  this  prove  that 
the  members  of  civilized  society,  in  giving  up  some 
rights  to  secure  the  rest,  do,  in  fact,  enjoy  more 
liberty  than  the  tribes  where  the  laws  are  few,  and 
where  liberty  might  seem  least  abridged?  In 
short,  does  it  not  appear  that  a  member  of  civilized 
society  makes  a  good  bargain  in  giving  up  a  few 
rights,  by  which  he  obtains  security  to  life,  prop- 
erty, and  character  7  And  does  it  not  appear  that 
it  is  wise  and  right  to  submit  to  the  laws  of  civil- 
ized society  ? 


CHAPTER  XII. 


lUastrations,  showing  that  Governiiieni  pro- 
motes Practical  Liberty. 

In  order  to  show  that  the  amount  of  liberty  actu- 
ally realized  and  enjoyed  by  society,  is  greater 
where  there  is  a  complete  system  of  laws,  than 


ILLUSTRATIONS.  -  35 

where  there  is  no  law,  or  but  little  law,  let  us 
suppose  a  few  cases. 

In  our  own  country,  we  have  numerous  laws. 
Whenever  any  evil  arises,  or  any  great  good  is 
desired,  the  law-makers  seek  to  avert  the  one  and 
secure  the  other  by  legislation,  if  it  is  within  theif 
proper  reach.  The  consequence  is  that  almost 
every  transaction  of  life,  is  regulated  by  laws. 
Now  let  us  see  if  these,  which  are  restraints  or 
abridgments  of  theoretical  liberty,  do  not  actually 
increase  the  amount  of  practical  liberty. 

We  have  defined  civil  liberty  to  be  freedom  to 
think  and  act  as  we  see  fit,  having  due  regard  to 
the  good  of  society.  Now  where  would  you 
think  or  act  most  freely,  in  Massachusetts,  or 
among  a  savage  tribe  ?  Here  in  Massachusetts,  you 
travel  about  in  safety,  for  robbers  are  punished ; 
you  sleep  in  security  at  night,  for  the  thief  and 
house-breaker  are  punished.  You  think  as  you 
please,  for  no  man  dares  to  tyrannize  over  another's 
thoughts.  You  can  do  what  you  please  with 
your  time  and  your  property,  for  he  who  would 
interfere  with  these,  is  deemed  a  trespasser,  and 
punished  by  the  law. 

Now  suppose  you  were  among  the  western  In- 
dians, where  natural  liberty  prevails  ;  where  there 
are  no  written  laws,  and  few  laws  of  any  kind 
which  impose  restraints  upon  society — should  you 
there  enjoy  more  actual  freedom  than  in  Massa- 
chusetts ?  On  the  contrary,  would  not  your  life  be 
in  constant  danger — would  not  you  be  a  slave  to 
fear  ?  Could  you  travel  about  in  safety  ?  Would 
not  your  property  be  exposed  to  robbers,  your 
person  to  captivity  ? 

Does  not  this  comparison  show    that    where 


S6  RECAPITULATION. 

there  are  numerous  Jaws,  the  people  enjoy  most 
liberty  ?  But  let  us  look  at  particular  statutes, 
and  see  how  these  promote  practical  liberty. 
There  is  a  law  that  no  man  shall  keep  and  sell 
gunpowder,  unless  he  is  licensed.  The  object  of 
this  is,  to  prevent  quantities  of  gunpowder  from 
being  in  the  hands  of  careless  people,  where  it 
might  explode,  and  destroy  lives  and  property. 
Now  as  this  law  protects  life  and  property,  it  pro- 
motes liberty,  which  consists,  to  a  great  extent,  in 
the  possession  and  security  of  these. 

So  the  law  which  requires  dealers  in  wood,  fish, 
flour,  &c.,  to  have  these  articles  inspected  before 
they  sell  them,  as  it  is  designed  to  prevent  people 
from  being  cheated,  and  unjustly  deprived  of  their 
property,  tends  to  secure  to  a  man  his  rights,  and 
therefore  promotes  civil  and  rational  liberty. 

Thus  it  appears  that  every  law  tending  to  make 
.ife,  property,  character,  and  the  pursuit  of  happi- 
ness secure  to  man,  though  it  restrains  absolute 
liberty,  actually  increases  the  amount  of  practical 
liberty  enjoyed  by  society.  Does  not  this  show 
that  it  is  the  interest  as  well  as  the  duty  of  every 
man  to  support  good  laws  1 


CHAPTER  XIII. 

Recapitulation. 

F*iioM  the  preceding  observations  we  deducf 
the  following  propositions.  1.  Liberty  is  freedom 
from  restraint.  2.  Absolute  liberty  is  freedom  to 
think,  act  and  speak  as  we  please,  without  hin- 


RECAPITULATION.  37 

France  or  control.  3.  Natural  liberty  is  substan- 
tially the  same  thing  as  absolute  liberty :  but  such 
kinds  of  liberty  can  only  exist  in  theory,  or  where 
one  man  lives  alone,  entirely  cut  off  from  all  con- 
nection with  his  fellow-men;  for,  in  the  first 
place,  moral  obligation  to  be  just,  to  do  to  another 
as  we  would  have  another  do  to  us,  rests  upon  all, 
and  is  enforced  by  conscience,  prior  to  the  passage 
of  laws  by  society. 

And  in  the  second  place,  in  rude  or  savage 
society,  where  there  seem  to  be  the  fewest  laws, 
and  the  nearest  approach  to  natural  or  absolute 
liberty,  there  is,  in  fact,  the  least  practical  liberty, 
and  the  most  thorough  despotism.  The  very  first 
principle  of  liberty  is  grossly  violated  by  the  ele- 
mentary law  of  savage  society — a  community  of 
property — which  confiscates  to  the  use  of  the  whole, 
what  a  man  obtains  or  produces  by  his  own 
industry  and  skill. 

In  civilized  society  a  man  gives  up  some  ot 
his  rights,  or  a  portion  of  his  liberty,,  to  ensure  the 
free  enjoyment  of  the  rest :  he  pays  a  tax,  for  in- 
stance, to  support  the  government;  in  considera- 
tion of  which,  the  government  is  bound  to  secure 
to  him  the  enjoyment  of  his  life,  his  thoughts,  his 
property,  his  home,  and  his  character. 

Every  law  is  a  restraint  and  an  abridgment 
of  absolute  or  natural  liberty.  A  law  against  mur- 
der, imposes  the  restraint  of  not  killmg  a  fellow  • 
man.  Thus  laws  against  stealing,  wounding 
maiming,  cheating,  swindling,  setting  houses  or 
fire,  defaming  a  man's  character,  breaking  into  c 
house  with  intent  to  steal,  robbing  on  the  highway 
or  the  high  seas — all  these  impose  certain  re- 
straints on  natural  liberty.  In  these  cases,  the  laws 
4 


38  RECAPITULATION* 

of  society  are  founded  on  obvious  principles  of  mo- 
rality, and  do  but  enjoin  and  enforce  the  obliga- 
tions of  justice,  founded  in  every  man's  con- 
science. These  laws  are  abstractly  right,  and  it 
is  no  evil  or  injustice  to  be  compelled  to  observe 
them. 

But  the  laws  which  compel  a  man  to  pay 
taxes,  to  do  military  duty,  to  serve  on  juries,  are, 
abstractly  considered,  evils.  A  man  has  a  natural 
right  to  his  money  and  his  time,  and  the  law 
which  takes  a  part  of  these  away,  takes  away  a 
part  of  that  which  the  moral  law  allows,  and  the 
natural  law  of  liberty,  gives.  But  in  society,  a 
man  surrenders  a  portion  of  these,  or,  in  other 
words,  submits  to  one  evil,  in  order  to  prevent  a 
greater  evil,  and  at  the  same  time  to  secure  a  good. 

In  a  community  where  the  laws  are  fewest,  and 
most  imperfectly  enforced,  there  is  the  most  injus- 
tice, and  the  greatest  abridgment  of  natural  liberty, 
in  practice.  There,  life,  property,  and  character 
are  the  least  secure,  and  there,  human  rights  are 
most  violated. 

Where  the  system  of  laws  is  most  complete  and 
best  enforced,  there  is  the  greatest  practical  liberty. 
In  other  words,  in  society,  where  the  laws  greatly 
abridge  the  natural  liberty  of  the  citizen,  by  clip- 
ping oif  many  of  his  lesser  privileges,  still,  by  ren- 
dering him  free  to  travel  about  in  safety,  to  enjoy 
his  home  and  fireside,  and  to  keep  secure  posses- 
sion of  his  property,  to  enjoy  his  fair  character,  to 
enjoy  freedom  of  conscience,  and  the  free  exercise 
of  his  faculties,  the  law  makes  full  compensation 
for  the  sacrifices  it  requires. 

4.  Civil  liberty,  is  freedom  to  act,  think,  and 
speak  as  a  man  pleases,  without  restraint,  except 


EQUALITY. 


39 


so  far  as  the  good  of  society  requires.  A  member 
of  society  can  reasonably  ask  no  other  than  civil 
liberty ;  for,  in  the  first  place,  the  laws  impose  no 
greater  restraint  upon  him  than  upon  others,  and 
in  the  second  place,  this  kind  of  liberty  is  the  only 
kind  that  can  be  enjoyed  by  a  whole  community. 


CHAPTER  XIV 

Equality. 


As  some  persons  have  fancied  that  society  could 
realize  a  state  of  absolute  liberty,  so  some  have 
fancied  that  a  state  of  absolute  equality  could  be 
attained.  It  is  said  in  our  Declaration  of  Indepen- 
dence, that  ''•  all  mankind  are  created  equal;"  and 
this  has  often  been  taken  as  literally  true. 

But  absolute  equality  is  as  impossible  as  abso- 


ift  EQUALITY. 

lute  liberty.  In  the  first  place,  mankind  are  not  born 
equal  in  respect  to  civil  condition.  Some,  as  the 
serfs  of  Russia,  are  born  slaves ;  in  this  country 
too,  in  some  of  the  states,  certain  individuals  are 
born  to  servitude,  while  others  are  born  to  enjoy 
freedom. 

There  are  other  grounds  of  inherent  and  neces- 
cary  inequality.  One  person  is  born  with  a  good 
constitution ;  another  is  sickly  from  the  cradle. 
One  person  is  endowed  with  a  strong  mind,  an- 
other with  a  weak  one.  One  person  is  gifted  with 
beauty,  another  with  deformity.  One  has  natural 
grace,  another  awkwardness. 

The  surface  of  the  earth,  thrown  into  hills  and 
valleys,  with  mountains  whose  tops  mingle  with  the 
clouds,  and  ravines  that  never  see  the  sunlight — 
meadows  that  bloom  with  flowers,  and  deserts 
that  know  no  living  thing — plains  and  sloping 
hills,  covered  with  forests — and  rocky  regions 
where  no  tree  can  root  itself — all  this  diversity  of 
nature  presents  not  more  inequality  than  the 
conditions  in  which  mankind  are  born.  The 
whole  system  of  nature  and  providence,  shows 
it  to  be  the  design  of  the  Creator  and  moral  gov- 
ernor, that  there  shall  be  diversity  in  human  society, 
as  well  as  in  nature. 

Beside,  even  in  those  countries  where  there  is 
the  greatest  freedom,  and  the  nearest  approach 
to  equality  in  society,  even  there,  mankind  are  nei- 
ther born  free  nor  equal,  in  the  view  of  the  law. 
If  we  take  no  account  of  slaves,  still  the  children 
of  white  persons  are  not  born  free  ;  they  are  under 
the  control  of  their  parents  till  they  are  twenty-one 
years  old. 

Females,  who  constitute  a  part  of  mankind, 


EQUALITY.  41 

and  whose  natural  rights  are  the  same  as  those  of 
men,  are  never  placed  on  an  equality  with  men 
before  the  law.  They  are  never  permitted,  even 
in  forming  the  constitution  of  a  country,  nor  in 
enacting  the  laws,  nor  in  choosing  rulers,  to  use  the 
right  of  voting.  They  are  excluded  from  all  share 
in  the  government,  by  the  stronger  sex,  who  pro- 
ceed to  make  such  laws  as  they  please;  and  in  all 
countries  these  laws  exclude  women  from  political 
power. 

It  appears,  therefore,  that  mankind  are  not  born 
free  and  equal,  in  a  literal  sense.  In  what  sense, 
then,  can  it  be  truly,  said  that  men  are  created 
equal  7  Only  as  meaning  that  all  the  members  of 
society  are  born  with  a  just  claim  to  civil  liberty — 
to  that  freedom  which  is  compatible  with  the  gen- 
eral good,  and  to  an  equality  of  rights.  It  means 
to  say  that  those  laws  which  make  one  man  a  lord 
and  another  a  serf — which  make  one  a  citizen  and 
debar  another  in  the  same  condition,  from  the  right 
of  voting — are  violations  of  the  principles  of  jus- 
tice and  the  rights  of  man. 

While,  therefore,  equality  of  condition  is  out  of 
the  question,  one  thing  is  plain, — that  equal  rights, 
equal  laws,  and  an  equal  administration  of  these 
laws — so  that  the  rich  and  the  poor,  the  high  and 
the  lowly,  the  citizen  and  the  office-holder,  shall 
all  stand  on  the  same  footing — are  the  ends  and 
designs  of  a  good  government;  and  every  per- 
son should  so  use  his  power  as  to  establish  such 
ends  and  designs.  Equality  does  not  mean  that  a 
woman  shall  be  equal  to  a  man,  or  a  child  the  same 
as  a  man ;  but  that  all  women,  all  children,  all 
citizens,  shall  enjoy  the  same  relative  rights,  priv^ 
ileges,  and  immunities. 
4# 


CHAPTER   XV. 

Civil  GoYernment 


Government  of  a  school. 


Civil  government  is  that  system  of  laws,  wheth- 
er written  or  printed,  or  transmitted  by  custom, 
which  is  estabhshed  to  secure  and  promote  justice 
and  order.  Without  government,  society  would 
be  in  a  state  of  anarchy.  In  a  family,  govern- 
ment is  necessary ;  it  is  also  necessary  even  in  a 
school-room.  Without  civil  government,  the  righ  ts 
of  man  would  not  be  respected ;  life  and  property 
would  not  be  safe.  In  such  a  state  of  things,  rob- 
bery, plunder,  and  murder  would  be  the  common 
occurrences  of  life.  No  attempt  to  obtain  peace 
and  order  without  government,  has  ever  succeeded. 
Men  are  not  virtuous,  as  a  mass,  and  therefore  the 
power  of  government  and  the  force  of  law  are 
required. 


OIVIL    GOVERNMENT.  43 

Thus,  as  before  remarked,  in  all  societies,  gov- 
ernment of  some  kind,  becomes  a  matter  of  neces- 
sity ;  and  all  government  may  be  considered  as 
giving  up  some  portion  of  our  liberty  and  our 
rights,  to  secure  the  remainder. 

In  a  society  where  the  people  possess  absolute 
liberty,  the  many  are  rendered  immediately  the 
slaves  of  the  few ;  the  weak  are  subjected  to  the 
strong  ;  despotism  is  ever  ready  to  take  possession 
of  a  community,  contending  for  absolute  liberty. 
It  is  indispensable  for  the  security  of  order,  justice, 
peace  and  happiness,  that  society  should  form  a 
government,  and  submit  to  the  restraints  it  im- 
poses. No  other  mode  has  yet  been  found,  by 
which  the  whole  community  can  enjoy  even  a  mod- 
erate degree  of  liberty  and  happiness. 

A  man  who  expects  to  enjoy  liberty  without 
paying  for  it,  without  surrendering  a  portion  to 
secure  the  rest,  judges  and  acts  as  foolishly,  as  one 
who  wishes  to  rear  a  crop  of  Indian  corn,  but  yet 
is  too  ^tingy  to  furnish  the  seed  to  plant. 

A  member  of  society,  in  giving  up  a  part  of  his 
liberty  to  secure  the  rest,  acts  on  the  principle  of 
insurance,  in  which  a  man  gives  five  or  ten  dollars 
to  have  his  house  or  property  insured  against  fire, 
for  one  year.  Government  is  a  kind  of  mutual 
insurance  against  robbery,  plunder,  murder,  and 
injustice.  Government  has  been  compared  to  a 
partnership,  in  which  all  have  shares,  each  one 
participating  in  the  profit  and  loss  of  the  concern. 

The  great  problem  of  government  is  to  find  out 
the  utmost  enjoyment  of  liberty,  compatible  with 
the  good  of  society.  Every  law  should  be  consid- 
ered in  two  points  of  view :  first,  how  far  it 
abridges  natural  liberty,  and  how  far,  therefore,  it 


44  CIVIL   GOVERNMENT. 

is  an  evil ;  and  secondly,  the  good  it  will  do  by- 
prevention  of  evil  J  or  by  the  direct  procurement  of 
benefit  to  society.  Every  act  of  legislation  should 
be  tested  in  this  way ;  and  no  act  should  be 
passed,  which,  after  such  an  examination,  does  not 
promise  a  balance  of  good. 

Government  is  sometimes  spoken  of  as  a  social 
compact — an  agreement  between  all  the  members 
of  community.  This  is  rather  a  definition  of 
what  government  should  be,  than  what  it  is.  In 
the  United  States,  where  the  people  make  the 
government,  it  may  be  called  a  social  compact  or 
agreement  between  the  members  of  the  commu- 
nity ;  but  in  Russia,  where  the  people  at  large 
have  nothing  to  do  with  making  the  government, 
it  can  hardly  bear  this  designation.  The  govern^ 
ment  is  there  forced  upon  the  people,  and  estab- 
lished without  their  co-operation. 

It  may  be  indeed  said  that  submission  implies 
assent,  and  that  this  submission  makes  the  people 
parties  to  the  social  compact  or  agreement ;  but  we 
know  that  in  many  cases,  this  assent  is  extorted 
by  military  power,  or  other  circumstances  which 
control  the  freedom  of  the  citizens.  There  can  be, 
strictly  speaking,  no  compact  which  is  not  freely 
entered  into  by  all  parties ;  any  government, 
the  efore,  which  is  founded  in  force,  which  has 
not  the  free  sanction  of  the  people  at  large,  is  not 
a  social  compact.  The  origin  and  binding  force  of 
government  will  be  hereafter  discussed. 


CHAPTER  XVI. 

Government  continued. 

Government,  it  will  be  understood,  embraces 
three  distinct  things :  1st.  The  system  ox  form  of 
government,  usually  founded  upon  some  constitu- 
tion, either  written  or  sanctioned  by  the  people,  or 
established  by  usage ;  2d.  The  statutes  and  laws  ; 
3d.  The  administration,  consisting  of  the  officers, 
appointed  to  see  that  the  laws  are  obeyed,  and  the 
action  of  the  government  sustained.       % 

The  system  or  form  of  government  of.  the  Uni- 
ted States,  is  prescribed  in  a  written  constitution, 
sanctioned  by  the  people.  The  statutes  are  the  laws 
enacted  by  congress,  agreeably  to  this  constitution. 
The  administration  consists  of  the  president  of 
the  United  States,  his  secretaries,  &c. 

The  system  or  form  of  government  of  Massa- 
chusetts, or  New  York,  or  Ohio,  or  any  other  of 
the  separate  United  States,  is  also  prescribed  by  a 
written  constitution,  sanctioned  by  the  people  of 
the  state.  The  statutes  consist  of  the  laws  passed 
by  the  state  legislatures ;  and  the  administration 
consists  of  the  governor  and  his  immediate  officers. 
No  law  is  binding  that  violates  a  constitution, 
for  the  makers  of  the  laws  have  authority  to  act 
only  by  that  instrument. 

In  Gjeat  Britain,  the  form  of  government  is 
prescribed  and  sanctioned  by  usage,  and  not  by  any 
particular  written  document.  The  laws  are  the 
statutes  enacted  by  parliament  and  signed  by  the 
king  ;  the  administration  consists  of  the  king  and 
his  ministers.     In  France,  there  is  a  written  con- 


46 


THE    LEGISLATIVE    POWER, 


stitution ;  the  laws  are  enacted  by  a  parliament, 
and  the  king  with  his  ministers  are  the  adminis- 
tration. Many  of  the  systems  of  Europe  are  sim- 
ilar to  that  of  France,  while  others  are  despotic. 

There  is  another  division,  belonging  to  the 
governments  of  most  civilized  comitries,  which 
distributes  the  powers  of  the  rulers  into  three 
branches :  1st,  the  legislative,  or  law-making 
power :  2d,  the  judicial,  or  judging  power ;  and 
3d,  the  executive  power. 


CHAPTER  XVII. 

The  Legislative  Power— the  Legislature. 


The  House  of  Representatives  at  Washington* 


The  legislative  power  is  usually  vested  in  a 
certain  number  of  persons  chosen  by  the  people, 
or  a  portion  of  the  people,  for  that  purpose.     These 


oil    THE    LEGISLATURE.  47 

are  commonly  divided  into  two  branches,  called 
the  upper  and  lower  house. 

These  two  bodies  of  men  usually  assemble  in 
two  different  rooms  in  the  same  building,  and 
discuss  various  acts,  resolutions,  and  laws.  When 
a  law  is  introduced  into  either  house,  it  is  called  a 
bill.  It  is  read  by  the  speaker  or  president  of  the 
house,  and  after  being  sufficiently  discussed,  the 
speaker  or  president  puts  it  to  vote ;  that  is,  he 
calls  upon  the  members  in  favor  of  it  to  say  ay, 
and  those  opposed,  to  say  no. 

If  there  are  more  ayes  than  noes,  the  bill  passes ; 
if  not,  it  is  lost.  The  bill  being  passed,  is  sent 
to  the  other  house.  It  is  there  discussed,  and  voted 
upon.  If  it  passes,  it  goes  to  the  governor  or  pres- 
ident, or  king,  and  if  he  signs  it,  it  becomes  a 
law. 

This  is  the  usual  mode  of  making  laws,  or  of 
legislation,  in  civilized  countries.  In  savage  or 
barbarous  countries,  where  there  are  no  written 
laws,  of  course  there  is  no  legislature ;  all  power, 
legislative,  judicial  or  executive,  being  absorbed 
by  the  king,  or  chief,  and  his  immediate  officers 
and  dependents.  Where  such  a  state  of  things 
exists,  the  people  have  nothing  to  do  in  making 
the  government.  All  they  are  required  to  do  is  to 
submit. 


CHAPTER  XYIII. 

The  Judicial  Power— the  Judiciary. 


A  court  oj  justice. 

The  judicial  or  judging  j)ower^  is  exercised  by 
Courts.  A  court  of  justice  usually  consists  of  one 
or  more  judges,  with  a  sheriff  and  a  jury.  This 
being  a  most  important  branch  of  government,  we 
should  be  careful  to  understand  its  nature,  duties, 
and  functions. 

If  a  man  is  charged  with  any  breach  of  law, 
he  is  brought  by  the  sheriff  or  constable  before 
the  court — the  charge  having  been  made  known 
to  him.  He  may  either  defend  himself,  or  he  may 
employ  a  lawyer  to  defend  him. 

The  case  is  stated  to  the  court,  and  then  wit- 
nesses are  brought  forward  to  prove  the  facts.  No 
witness  can  testify,  unless  he  takes  an  oath,  which 
is  a  solemn  declaration  that  he  will  tell  the  truth, 
the  whole  truth,  and  nothing  but  the  truth. 

The  witnesses  against  the  man  are  examined, 


THE   EXECUTIVE  POWER.  49 

and  then  the  witnesses  in  his  favor.  Then  the 
jury,  which  consists  of  twelve  men  chosen  from 
the  people,  take  into  consideration  whether  the 
man  has  actually  broken  the  law,  as  charged. 
Their  decision  is  called  a  verdict,  and  is  either 
guilty  or  not  guilty. 

If  it  is  not  guilty,  the  man  is  acquitted  and 
released.  If  it  is  guilty,  then  the  judge  proceeds 
to  pronounce  the  penalty  of  the  law,  and  this  is 
called  the  sentence.  If  the  sentence  is  death,  the 
man  is  executed  by  the  sheriff;  if  the  sentence  is 
imprisonment,  he  is  shut  up  in  the  jail;  if  the 
sentence  is  a  fine,  he  is  required  to  pay  the 
money. 


CHAPTER  XIX. 

The  Executive  Power. 

The  executive  power  is  placed  in  the  head  ot 
the  government,  whose  duty  it  is  to  see  to  the  exe- 
cution of  the  laws.  In  Massachusetts,  New  York, 
Ohio,  and  each  of  the  United  States,  the  executive 
power  of  each  state  is  chiefly  vested  in  a  governor. 

The  executive  power  of  the  United  States  is 
vested  in  a  president,  who  appoints  various  secre- 
taries to  assist  him,  and  these  are  called  the  cab- 
inet. In  England,  the  executive  power  is  in  the 
king,  who  appoints  various  agents  called  ministers, 
and  these  exercise  the  executive  power  in  the 
name  of  the  king. 

In  this  country,  a  president's  duty  is  to  ad- 
minister the  government,  that  is,  to  carry  it  on: 
5  4 


m 


THE   EXECUTIVE   POWER. 


to  appoint  various  officers  necessary  for  this  pur- 
pose ;  to  see  that  the  acts  of  Congress  are  observed 
and  fulfilled ;  and  if  necessary  to  enforce  the  laws 
passed  by  Congress  ;  to  see  that  the  navy  is  taken 
care  of;  to  see  that  the  army  is  provided  for  and 
properly  employed ;  to  see  that  the  public  property 
is  secure ;  to  see  to  the  general  interests  of  the  coun- 
try, so  far  as  the  laws  place  them  under  his  care. 


pas 

■M 

^ 

^_=__ 

Hi  i 

11  I'iiiii/i 

H 

^M 

M 

11 

I^bB 

The  president  and  his  cabinet. 

Thus  the  president  carries  on,  or  administers,  the 
government ;  and  therefore  we  call  him,  with  hii? 
advisers  and  assistants — the  cabinet — the  adminis- 
tration. We  also  sometimes  call  the  acts  of  a 
president,  his  administration.  Accordingly,  we 
speak  of  Washington's  administration,  Jefferson's 
administration,  &c. 

The  duty  of  a  governor  of  a  state,  is  to  see  that 
the  state  laws  are  executed,  and  that  the  acts  of  the 
state  legislature  are  fulfilled.  He  appoints  varrous 
officers  to  assist  in  administering  or  carrying  on 
the  government,  and  he  has  a  general  charge 
over  the  public  interests  of  the  people.  He  is  the 
commander-in-chief  of  the  state  militia,  and  mav 


THE   EXECUTIVE   POWER.  61 

cail  upon  them  to  aid  in  executing  the  laws,  in 
suppressing  insurrection,  or  repelling  invasion. 

Let  it  be  remembered,  then,  that  the  legislature 
makes  the  laws ;  the  judiciary^  consisting  of  the 
courts,  interprets  and  applies  them ;  and  the  exec- 
utive executes  or  fulfils  them.  These-  are  the 
three  great  powers  of  government ;  and  wherever 
government  exists,  these  must  exist. 

These  powers  ought  always  to  be  placed  in  dif- 
ferent hands,  and  to  be  independent  of  each  other ; 
for  if  the  same  person  may  make  the  laws,  inter- 
pret and  apply  them,  and  at  last  execute  them ; 
then  it  will  be  seen  that  the  powers  of  government 
are  so  vested,  that  they  may  be  used  according  to 
the  interest,  passions,  or  caprices  of  the  ruler. 
Such  is  a  government  of  man,  and  not  a  govern- 
ment of  laws. 

To  illustrate  this,  suppose  the  president  of  the 
United  States  may  pass  a  law ;  suppose  he  may 
also  interpret  that  law,  and  at  last  suppose  he 
may  put  it  in  force — it  is  obvious  that  if  he  can 
do  all  this,  he  is  a  despot,  for  his  power  is  unlim- 
ited ;  and  there  is  no  difference,  in  spirit,  between 
our  government,  in  this  case,  and  that  of  Russia, 
Spain,  or  Turkey.  If  one  man  does,  either  directly 
or  indirectly,  engross  the  three  powers  of  govern- 
ment, he  is  a  despot ;  and  exactly  in  proportion 
as  a  ruler  acquires  and  exercises  either  legislative 
or  judicial  powers,  he  is  despotic. 

In  despotic  countries,  the  three  powers  of  gov- 
ernment are  usually  placed  in  the  hands  of  the 
emperor,  king,  or  chief.  The  sultan  of  Turkey, 
for  instance,  makes  the  laws,  has  them  interpreted 
as  he  chooses,  and  has  them  executed  as  he 
chooses.     Such  is  a  government  of  man,  and  not  a 


52 


FORMS   OF    GOVERNMENT. 


a  government  of  laws.  The  lives  and  property 
of  the  people  in  Turkey,  are  therefore  subject  to 
the  whim  or  caprice  of  the  sultan. 

In  some  barbarous  countries,  as  Tripoli,  Mo- 
rocco, Tunis,  &c.,  there  are  ho  pubhshed  laws,  or 
if  there  are,  they  can  be  set  aside  by  the  chief,  and 
new  ones  be  made  at  his  pleasure.  All  the  powers 
of  government  are  vested  in  the  chief,  and  he 
governs  the  people  as  he  chooses.  Such  a  govern- 
ment is  always  found  to  be  crue^  unjust  and  op- 
pressive. 


CHAPTER  XX. 

Forms  of  Government. 


^Aifn 

jHHIiiHM 

1^^ 

"^^B 

^^HI^Hb 

^^^ 

^^m 

■HH 

^M 

^^Hj 

fflH^^ 

W^m 

eM§Mo 

N^iP|W|^ 

Wmm 

^^M^^^M 

^^uH|pi9^^ 

^3^w 

^N^^H 

^^^^SPi 

^^^ 

A  patriarch. 

As  we  find  no  countries  without  government,  so 
we  find  no  two  governments  precisely  the  same. 
In  Tartary  and  other  parts  of  Asia,  and  in  AtVjca, 


FORMS   OF   GOVERNMENT. 


S3 


there  are  wandering  tribes  who  have  numerous 
horses,  camels,  and  horned  cattle,  with  which  they 
move  from  place  to  place,  in  search  of  pasturage ; 
their  chief  subsistence  being  derived  from  their 
flocks. 

Among  these  people,  some  aged  man,  of  great 
experience  and  worth,  is  usually  the  chief.  He 
is  called  the  patriarch,  which  means  the  father  of 
his  people ;  and  this  idea  furnishes  the  basis  of  his 
government ;  for  he  is  expected  to  rule  over  the 
tribe,  as  a  father  would  govern  his  family.  This 
pp,triarchal  form  of  government  is  of  great  antiquity, 
for  Abraham  was  the  chief  of  a  pastoral  tribe,  and 
was  its  patriarch. 

Another  form  of  government  exists  in  warlike 
tribes,  where  one  warrior,  more  daring,  strong,  or 
sagacious  than  the  rest,  acquires  an  ascendancy, 


Military  chieftain. 


and  at  last  becomes  the  chief.     If  he  be  ambitious 
he  usually  goes  on  to  engross  all  power  in  his  own 

5^ 


M 


FORMS   OF   GOVERNMENT. 


person,  and  becomes  a  dictator.     This  is  the  gov- 
ernment of  a  military  chieftain. 

When  society  becomes  more  advanced,  and  men 
live  in  cities,  the  military  chieftain  usually  builds 
himself  a  palace,  and  becomes  a  king.  He  wishes 
to  strengthen  and  establish  the  throne ;  so  he 
claims  to  reign  by  the  appointment  of  God ;  and, 
in  order  to  make  a  strong  impression  upon  the 
people,  he  lives  in  great  state,  affects  to  be  the 
favorite  of  heaven,  and  maintains  that  his  per- 
son should  be  held  sacred.  He  causes  loyalty, 
which  is  love  of  the  person  and  government  of  the 
king,  to  be  taught  as  a  noble  sentiment,  and  a 
duty,  not  inferior  to  that  of  the  love  of  God. 


|||||l|pr|i  '«*«-  sillUlte'J 

1 

3 

'"\'  '''"^ 

'  1  ■ . 

A  king. 


Such  a  king,  in  order  to  strengthen  his  govern- 
ment, and  perpetuate  his  dynasty,  usually  takes 
care  to  provide  that  his  oldest  son,  or  his  heir, 
shall  be  his  successor  j  and  thus  makes  the  crown 


FORMS   OF   GOVERNMENT.  56 

hereditary — that  is,  descending  from  father  to 
son,  &c. 

Another  cunning  artifice  of  kings,  is  to  get  the 
priests  and  ministers  of  reUgion,  as  far  as  he  can, 
to  teach,  advise,  and  command  the  people  to  obey 
the  king,  and  hold  his  person,  government,  and 
laws,  sacred  and  inviolable.  To  attach  the  people 
to  his  interests,  he  usually  establishes  a  state  re- 
ligion, and  requires  the  people  to  conform  to  it. 
This  is  supported  by  the  government,  and  provi- 
sion is  made,  by  the  state,  for  the  priests,  so  as  to 
ensure  their  fidelity  to  the  king. 

This  connection  of  the  government  with  religion, 
for  the  sake  of  establishing  despotic  power  over  the 
people,  is  called  the  unio?i  of  church  and  state.  It  is 
carefully  provided  against  in  our  political  systems. 

When  a  king  is  active  and  ambitious,  he  usually 
carries  on  wars  with  other  countries,  thereby  seek- 
ing to  extend  his  power,  to  increase  his  wealth, 
and  glorify  his  name.  If  he  is  successful,  he 
comes  at  length  to  unite  several  countries  under 
one  monarch,  which,  thus  united,  are  called  an 
empire.  The  king,  under  such  circumstances, 
reigning  over  an  empire,  is  usually  called  an  em- 
peror. Thus  the  monarchs  of  Russia  and  of 
China  are  called  emperors,  for  their  dominions 
include  various  countries. 

These  are  some  of  the  simplest  forms  of  gov- 
ernment, and  in  former  times,  unlimited  power 
was  placed  in  the  hands  of  the  patriarch,  military 
chief,  king,  or  emperor.  They  were  therefore, 
and  some  still  are,  mere  despotisms. 

A  democracy  is  a  government  of  the  people. 
In  a  strict  sense,  it  is  a  government  in  which  the 
people  all  assemble  to  make  laws,  to  judge  crim- 


56  FORMS   OF   GOVERNMENT. 

inals,  to  settle  disputes,  and  to  perform  all  the 
offices  and  functions  of  government. 

There  never  has  been,  in  point  of  fact,  a  pure 
democracy;  for,  even  in  ancient  Attica,  where  there 
was  the  nearest  approach  to  it,  among  a  popula- 
tion of  400,000  souls,  there  were  but  about  20,00C 
citizens  who  had  a  right  to  take  part  in  govern 
ment ;  and  but  few  of  these  actually  concerned 
themselves  with  it.  In  our  country,  though  in 
form  the  government  is  not  a  democracy,  the  peo- 
ple at  large  have  more  influence;  for  here,  one 
sixth  of  the  whole  population  are  voters. 

A  republic  is  a  government  in  which  the  people 
have  established  a  constitution,  and  in  which  they 
choose  some  of  their  fellow-citizens  to  make  and 
administer  laws.  Each  of  the  United  States  is 
therefore  a  republic.  The  government  of  the 
United  States  is  formed  upon  an  union  or  confed- 
eration of  the  several  states,  and  is  therefore  called 
a  federal  republic.  Texas,  Mexico,  Gautimala, 
and  several  South  American  countries,  have  adopt- 
ed republican  governments. 

The  distinction  between  a  democracy  and  a 
republic  is,  that  in  the  former,  the  people  act 
themselves,  directly,  in  the  business  of  govern- 
ment; in  a  republic,  the  people  choose  men  to 
represent  them  and  act  for  them.  In  a  democracy, 
there  is  no  binding  and  controlling  constitution, 
for  the  people  are  supreme ;  in  a  republic,  the  peo- 
ple prescribe  a  constitution,  and  elect  men  to  act 
under  it.  A  republic  is  therefore  sometimes  called 
a  constitutional,  and  also  a  representative  govern- 
ment. 

An  aristocracy  is  a  government  in  which  the 
nobles,  and  those  claiming  certain  privileges  from 


FORMS    OF    GOVERNMENT. 


57 


their  wealth  or  rank,  exercise  authority,  create 
and  carry  on  the  government.  An  oligarchy  is  a 
government  in  which  a  few  persons,  distinguished 
for  their  ranlc,  have  the  supreme  control.     A  mon- 


'j^A^^^^^m  _  m 

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iPiiifni^^^^i 

mm  1 1 

kLSlB 

ill    11   lln''ll(l  1^^^^ 

Wf  i  1 

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unp^p-^^^^^^g 

m 

mU 

Aristocracy. 

archy  is  the  government  of  an  hereditary  king  or 
emperor.  Most  of  the  governments  of  Europe  are 
mixed,  and  partake  of  several  of  these  forms.  I 
shall  have  occasion  hereafter,  in  the  history  of 
governments,  to  notice  some  of  these. 

There  are  several  terms  used  in  characterizing 
government,  which  it  is  important  to  understand. 
A  despotic  government  is  one  in  which  power  has 
no  check ;  a  tyrannical  government  is  one  in 
which  government  is  exercised  arbitrarily,  and 
against  law  and  justice;  ^.free  government  is  one 
in  which  the  liberty  of  the  citizen  is  protected, 
and  the  rights  of  man  secured. 

An  aristocratic  government  is  one  in  which  a 
few  distinguished  persons  have  a  leading  or  con- 
trolling influence ;  in  this  sense,  the  government 


66  ORIGIN   AND   HISTORY   OF    GOVERNMENT. 

of  Great  Britain  is  an  aristocratic  government, 
though  the  form  is  monarchical.  A  democratic 
government  is  one  in  which  the  people  have  a  con- 
trolling influence.  In  this  sense,  ours  is  a  demo- 
cratic government,  though  the  form  is  republican. 
The  greatest  distinctions  in  government  arise 
from  the  different  parties  in  whose  hands  power  is 
placed.  In  a  democracy,  it  is  directly  in  the  hands 
of  the  people ;  in  a  republic,  it  is  indirectly  in  their 
hands,  though  they  depute  it  to  others.  Those  gov- 
ernments in  which  the  influence  of  the  people  pre- 
ponderates, are  called  popidar  ;  those  in  which  the 
people  have  little  or  no  influence  are  despotic. 


CHAPTER  XXI. 

Origin  and  History  of  GoYemment. 

The  necessity  of  Government  must  have  been 
discovered  in  the  first  human  family.  If  a  child 
is  not  restrained,  he  will  run  into  the  fire,  leap  out 
of  the  window,  break  the  furniture,  injure  his  com- 
panions, or  set  the  house  on  fire;  he  must 
therefore  be  governed.  The  larger  children  must 
be  prevented  from  striking  and  wounding  the 
younger  ones ;  from  taking  away  their  food,  &c. 
These  too  must  be  governed. 

Without  government,  a  family  would  be  in  a 
state  of  confusion  and  anarchy ;  its  necessity  there- 
fore must  have  been  discovered  by  Adam  and  Eve. 
The  first  government  must  consequently  have  been 
family  government,  and  this  doubtless  suggested 


ORIGIN    AND    HISTORY    OF    GOVERNMENT.  69 

the  patriarchal  form,  which  must  have  soon  fol- 
lowed. When  Adam  became  a  great  grandfather, 
with  numerous  descendants  around  him,  he  was 
likely  to  have  an  authority  founded  in  reverence 
and  affection,  and  this  would  lead  him  to  be  re- 
garded, and  applied  to  by  the  people,  as  a  judge,  a 
eounsellor,  and,  in  short,  a  ruler.  Probably  Adam 
was  the  first  patriarch,  and  the  first  political 
chief. 

In  the  first  ages  of  the  world,  the  people  were 
chiefly  husbandmen,  as  they  had  flocks,  with  which 
they  wandered  from  place  to  place.  As  each  party 
separated  from  the  rest,  they  were  likely  to  take 
some  experienced  man  with  them,  who  would  be 
their  patriarch. 

When  the  tribes  increased  and  extended  their 
limits,  and  the  ties  of  blood  were  forgotten,  they 
were  likely  to  meet  and  contend  for  the  mastery. 
In  these  struggles,  the  strong,  the  daring,  or  the 
skilful  warrior  was  likely  to  become  the  leader, 
and  at  length  to  receive  or  usurp  authority.  It  is 
probable  that  Nimrod,  the  mighty  hunter,  was  one 
of  those  who  became  the  head  of  his  tribe,  and,  at 
length,  laid  the  foundations  of  Babylon. 

He  was,  doubtless,  a  very  ambitious  man,  and 
extended  his  domain  over  various  countries  on  and 
around  the  plain  of  Shinar.  He  thus  established 
an  empire  and  became  a  despotic  sovereign.  In 
order  to  increase  his  authority,  and  to  place  his 
throne  on  a  strong  basis,  he  taught  the  people  to 
consider  him  as  ruling  by  divine  right,  and  at  last 
claimed  their  worship  of  himself  as  a  divinity. 
He  also,  no  doubt,  made  the  monarchy  heredi- 
tary in  his  family. 

The  example  of  Nimrod  seems  to  have  been 


60  ORIGIN   AND   HISTORY   OF   GOVERNMENT. 

followed  by  all  the  sovereigns  of  Assyria,  during 
its  continuance  of  1700  years.  The  power  of  the 
emperor  or  king  was  always  absolute,  and  his 
claim  to  divine  authority  was  ever  maintained. 
No  instance  is  recorded  in  which  the  right  of  the 
sovereign  to  reign  was  questioned,  nor  are  we  told 
of  a  single  individual  in  these  ancient  days,  who 
ever  conceived  the  idea  that  the  people  had  any 
right  to  govern  themselves.  Even  when  the  gov- 
ernment was  just,  and  consulted  the  happiness 
of  the  people,  it  flowed  only  from  the  mercy  of 
the  sovereign. 

The  despotic  system  of  this  first  empire  appears  to 
have  been  followed  throughout  the  rest  of  Asia,  and 
to  some  extent  in  Egypt ;  and  we  observe  no  traces 
of  any  other  ideas  of  government  than  that  of  un- 
limited power  in  the  hands  of  a  king  or  chief  or 
the  priests,  except  among  the  Hebrews.  Persia, 
a  vast  empire,  that  rose  upon  the  ruins  of  the 
Assyrian  empire,  adopted  the  same  despotic  form 
of  government,  and  the  emperor  ruled  in  the  same 
arbitrary  manner.  He  had  unlimited  power  over 
the  people.  If  the  king  was  supposed  to  be  bound, 
to  govern  wisely  and  righteously,  his  people  were 
'^nn ally  bound  to  scrvc  him  as  subiects  and  slaves. 


CHAPTER  XXII. 

Political  System  of  the  Hebrews. 


The  government  of  the  Hebrews  has  been 
called  a  theocracy^  which  means  a  form  of  govern- 
ment which  assigns  all  the  power  to  God;  he 
being,  in  fact,  the  proper  king.  In  the  first  place, 
this  government  was  under  Moses,  the  legislator; 
then  under  Joshua,  his  successor;  then  under 
judges,  and  then  under  kings  and  high-priests.  In 
all  these  cases,  God  was  acknowledged  to  be  the 
true  king  of  the  nation — but  it  was  only  under 
Moses  that  he  was  regarded  as  dwelUng.  nerson- 
6 


62  POLITICAL   SYSTEM    OP   THE   HEBREWS. 

ally,  among  the  people.  Afterwards  he  was  con- 
sidered as  ruling  through  the  judges  or  kings,  who 
were  to  look  to  him  for  advice  or  counsel,  and  who 
were  to  be  appointed  by  him. 

When  David  became  king,  God  ordained  that 
the  monarchy  should  be  hereditary  in  his  family. 
His  successors  practically  altered  the  government, 
and,  instead  of  acknowledging  God  as  king,  they 
seemed  to  throw  off  his  authority,  and  to  rule 
according  to  their  own  will. 

They  would  not  submit  to  the  restraints  which 
had  been  observed  by  former  rulers,  and  which 
operated  like  a  constitution  to  limit  the  power  of 
the  kings,  and  to  protect  the  people.  They  there- 
fore not  only  fell  into  idolatry,  but  they  were 
guilty  of  cruelty  and  oppression.  The  country 
was  accordingly  subject  to  great  miseries,  and  at 
last  the  nation  was  scattered. 

In  whatever  point  of  view  we  regard  the  He- 
brew system  of  laws,  as  established  by  Moses, 
they  are  most  remarkable.  This  people  had  lived 
for  several  centuries  in  Egypt,  where  there  was  an 
universal  belief  in  many  gods,  and  where  idolatry 
was  the  universal  practice  of  the  people.  The 
government,  too,  was  despotic,  placing  absolute 
power  in  the  hands  of  the  kings  and  priests. 

Yet,  immediately  on  leaving  Egypt,  we  find  the 
people  receiving  from  Moses  a  creed,  both  civil  and 
religious,  entirely  distinct  from  that  of  the  Egyp- 
tians, and  unlike  any  other  which  had  ever  existed. 
It  must  be  recollected  that  Moses  lived  about  1500 
years  before  Christ,  which  was  a  thousand  years 
before  Confucius,  the  lawgiver  of  China,  and  800 
before  Solon,  the  Grecian  lawgiver. 

The  great  idea  of  the  Mosaic  institutions  was 


POLITICAL   SYSTEM   OF   THE   HEBREWS.  63 

the  existence  of  one  God — as  distinguished  from 
the  creed  of  many  gods,  which  prevailed  at  that 
time  in  all  other  nations — with  the  doctrine  that 
the  people  were  responsible  to  him  for  every 
action.  In  order  to  inculcate  these  principles  and 
eradicate  all  the  idolatrous  notions  which  the  He- 
brews had  imbibed  in  Egypt,  Moses  instituted  a 
great  variety  of  rites  and  ceremonies,  all  calcu- 
lated to  produce  these  effects,  and,  at  the  same  time, 
to  keep  the  descendants  of  Jacob  as  a  distinct  and 
peculiar  people. 

Such  being  his  leading  design,  nothing  could  be 
better  conceived  than  the  means  he  adopted  for 
his  purpose.  To  superintend  the  religious  rites 
and  ceremonies,  priests,  being  the  descendants  of 
Aaron,  were  appointed,  and  numerous  assistants, 
called  Levites,  from  Levi,  their  progenitor,  were 
also  appointed.  These  latter  obeyed  the  priests 
in  the  services  of  the  temple,  and  sang  and  played 
on  instruments  in  the  daily  services.  They  also 
studied  the  law,  and  were  the  common  judges, 
being  however  inferior  to  the  priests,  who  were 
not  only  judges  of  religious  questions,  but  of  civil 
and  criminal  cases. 

There  is  no  part  of  government  more  important 
than  that  of  the  administration  of  justice,  by 
which  is  meant  the  settlement  of  questions  arising 
under  the  laws.  Under  the  patriarchs,  the 
judicial  power  was  invested  in  the  heads  of  tribes 
or  families,  who  could  banish,  disinherit,  or  inflict 
sentence  of  death,  according  to  their  own  will. 
In  the  time  of  Moses,  a  change  was  made  in  this 
respect;  he  was  made  supreme  judge,  and  subse- 
quently the  priests  had  jurisdiction.  There  were 
also  courts  established,  to  which  authority  was 


64  POLITICAL   SYSTEM   OF   TJHE   HEBREWS. 

given  over  thousands,  hundreds,  fifties,  and  tens. 
These  courts  were  again  changed  at  several  sub- 
sequent periods. 

Before  the  courts,  a  man  could  plead  his  own 
cause,  though  men  of  wisdom  and  influence  seem 
to  have  appeared  in  behalf  of  those  incapable 
of  speaking  for  themselves.  In  criminal  cases  the 
person  charged  was  exhorted  first  to  tell  the  truth, 
and  then  the  witnesses  were  put  under  oath. 
Witnesses  were  examined  separately,  but  in  pres- 
ence of  the  accused.  When  a  man  was  found 
guilty  of  a  crime,  he  was  immediately  hurried 
away  to  execution. 

Though  the  institutions  of  the  Hebrews  were 
essentially  different  from  those  which  prevail  in 
this  more  enlightened  day,  still  it  must  be  admitted 
that  they  were  far  more  favorable  to  individual 
liberty  than  the  institutions  of  other  countries  of 
that  age,  and  more  so  indeed  than  those  of  the 
principal  monarchies  of  Asia  now  existing.  The 
administration  of  justice,  in  the  time  of  David, 
among  the  Hebrews,  was  more  consonant  to 
human  rights,  than  it  is  now  in  China,  the  most 
civilized  country  of  Asia. 


CHAPTER  XXIII. 

Political  Institutions  of  China. 


Emperor  of  China. 

The  early  history  of  China  is  involved  in  the 
mists  of  obscurity.  The  historians  of  the  country 
claim  an  incredible  antiquity,  and  pretend  to 
tell  us  of  dynasties  that  reigned  over  the  nation 
for  ages  before  the  period  assigned  to  the  creation 
of  the  world. 

It  is  now,  and  has  been  for  ages,  the  policy  of 
the  government  to  exclude  strangers  from  the 
country,  so  that  little  is  known  of  it.  The  steps 
by  which  the  government  has  arrived  at  its  pres- 
ent state  cannot  be  traced,  and  we  can  therefore 
do  little  more  than  give  an  outline  of  it,  as  it  now 
exists.  It  has  probably  undergone  little  alteration 
for  centuries. 

The  government  of  China  is  professedly  patri- 
archal ;  the  emperor  having  the  title  of  holy  son 
6*  6 


66  POLITICAL   INSTITUTIONS    OF   CHINA. 

of  heaven^  sole  gimrdian  of  the  earth,  great  father 
of  his  people.  But  it  is  patriarchal. on  the  largest 
scale  of  which  thiere  is  any  account,  for  his  family 
consists  of  about  360  millions  of  members.  Be- 
side, the  nature  of  the  government  is  rather  too 
severe  for  a  parent  to  administer  to  his  children. 

The  emperor  is  absolute  in  his  authority,  and 
such  is  the  extent  of  his  dominions  that  he  is 
obliged  to  devote  his  whole  time  to  business.  Of- 
ferings are  made  to  his  image  and  his  throne ;  his 
person  is  worshipped,  his  subjects  prostrating  them- 
selves before  him.  He  never  appears  in  public 
without  two  thousand  lictors,  bearing  chains, 
axes,  and  other  instruments  indicative  of  eastern 
despotism. 

There  are  two  kinds  of  nobility;  those  who 
have  titles  and  privileges  by  birth,  and  those  who 
hold  offices ;  these  are  called  mandarins.  In  every 
province  there  is  a  mandarin,  or  magistrate,  who 
is  aided  by  a  council.  There  are  courts  of  justice 
in  the  different  towns,  but  these  are  too  often 
capricious  and  corrupt.  In  order  to  ascertain 
whether  a  witness  tells  the  truth,  his  spittle  is 
examined.  If  he  "  spits  cotton^  "^  that  is,  if  the 
mucus  is  frothy,  it  is  esteemed  a  proof  of  agitation 
of  mind  incompatible  with  honesty,  and  he  is  dis- 
credited. 

On  the  whole,  the  government  of  China  is  the 
best  in  Asia,  but  it  is  the  most  despotic  in  the 
world.  All  power  being  with  the  emperor,  the 
people  are  not  considered  as  having  any  political 
rights.  The  great  instrument  of  government  is 
punishment,  and  this  is  inflicted  without  mercy, 
and  in  a  variety  of  barbarous  modes.  China  may 
be  regarded  as  one  vast  school-house,  in  which 


POLITICAL   INSTITUTIONS   OP   CHINA.  67 

the  master  has  the  birch  continually  in  his  hand. 
It  has  been  humorously  said  that  the  emperor 
canes  his  ministers ;  the  ministers  cane  the  man- 
darins :  and  the  mandarins  cane  the  people ;  the 
men  cane  their  wives ;  and  the  wives  cane  their 
children.  The  Chinese  may  therefore  be  consid- 
ered a  well-flogged  nation. 

The  art  of  printing  was  known  in  China,  even 
before  its  discovery  in  Europe,  and  now  nearly  all 
persons  can  read.  The  laws  are  published,  and  it 
is  made  the  imperious  duty  of  all  magistrates 
thoroughly  to  understand  them.  The  penal  code, 
called  "  Ta  Tsing  Leu  Z^ee,"  has  been  published 
in  the  English  language. 

From  this  code,  which  has  been  gradually 
forming  under  a  succession  of  emperors  for  ages, 
it  appears  that  the  laws  of  China  are  a  series  of 
police  regulations,  many  of  them  such  as  could 
not  be  established  or  enforced  either  in  Europe  or 
this  country. 

The  punishments  inflicted  by  this  code,  are 
chiefly  whipping  with  a  bamboo  cane;  wearing 
around  the  body  a  heavy  frame  of  wood  called  the 
cangue,  and  which  is  a  moving  pillory ;  banish- 
ment, imprisonment,  strangulation,  and  decapita- 
tion. The  following  extracts  from  this  code,  will 
give  some  idea  of  it : 

"Rebellion  is  an  attempt  to  violate  the  divine 
order  of  things  on  earth  :  for  as  the  fruits  of  the 
earth  are  produced  in  regular  succession,  under  the 
influence  of  the  presiding  spirit,  so  is  their  distri- 
bution among  the  people  regulated  by  the  sover- 
eign, who  is  the  sacred  successor  to  the  seat  of  his 
ancestors ;  resisting  and  conspiring  against  him  is, 
therefore,  an  unspeakable  outrage,  and  a  disturb- 
ance of  the  peace  of  the  universe. 


0B  POLITICAL   INSTITUTIONS   OF   CHINA. 

"  Whoever  degrades  his  first  or  principal  wife  to 
the  condition  of  an  inferior  wife  shall  be  punished 
with  one  hundred  blows.  Whoever,  during  the 
life- time  of  his  first  wife,  raises  an  inferior  wife  to 
the  rank  and  condition  of  a  first  wife,  shall  be 
punished  with  ninety  blows,  and  in  both  the  cases 
each  of  the  several  wives  shall  be  replaced  in  the 
rank  to  which  she  was  originally  entitled  upon 
her  marriage. 

^'Whenever  any  persons,  having  the  same  family 
name,  intermarry,  the  parties  and  the  contractor  of 
the  marriage  shall  each  receive  sixty  blows,  and, 
the  marriage  being  null  and  void,  the  man  and 
woman  shall  be  separated,  and  the  marriage  pres- 
ents forfeited  to  government. 

"All  persons  unauthorizedly  passing  through 
any  of  the  gates  of  the  imperial  citadel  at  Pekin, 
and  entering  therein,  or  into  any  of  the  imperial 
gardens,  shall  receive  one  hundred  blows. 

"No  person  shall  presume  to  travel  on  the 
roads,  or  to  cross  the  bridges,  which  are  expressly 
provided  and  reserved  for  the  use  of  the  emperor, 
except  only  such  civil  and  military  ofiicers'  and 
other  attendants  as  immediately  belong  to  his 
majesty's  retinue,  and  who  are,  in  consequence, 
necessarily  permitted  to  proceed  upon  the  side 
paths  thereof. 

"  Any  person  who  is  guilty  of  striking  his  elder 
brother  or  sister,  shall  be  punished  at  the  least 
with  ninety  blows,  and  banishment  for  two  years 
and  a  half;  but  if  guilty  of  striking  so  as  to 
wound,  with  one  hundred  blows  and  three  years' 
banishment  to  the  distance  of  3000  lee. 

"  Any  person  who  is  guilty  of  striking  his  fa- 
ther, mother,  paternal  grandfather  or  grandmother; 


POLITICAL    INSTITUTIONS    OF   EGYPT.  69 

and  any  wife  who  is  guilty  of  striking  her  hus- 
band's father,  mother,  paternal  grandfather,  or 
grandmother,  shall  suffer  death  by  being  beheaded. 
Any  person  who  is  guilty  of  killing  such  a  near 
relation,  shall  suffer  death  by  a  slow  and  painful 
execution.'' 


CHAPTER  XXIV. 

Political  Institutions  of  Egypt. 


Ruins  of  Luxor. 

Egypt  rose  at  a  very  early  period  to  a  high 
pitch  of  civilization  and  refinement.  In  the  time 
of  Moses,  1500  years  before  the  Christian  era,  it 
had  a  vast  population,  and  many  mighty  cities. 
The  ruins  of  these  attest  their  magnificence  and 
power.     The  vast  pyramids  that  still  exist,  and 


70  POLITICAL   INSTITUTIONS   OF   EGYPT. 

which  were  constructed  so  long  ago  that  history 
has  not  told  us  what  king  caused  them  to  be  cre- 
ated, are  among  the  mightiest  works  of  human 
labor. 

Among  the  ruins  of  Thebes,  and  other  cities 
along  the  banks  of  the  Nile,  there  are  the  most 
wonderful  architectural  remains.  Cut  in  the 
rocks,  there  are  chambers  or  rooms  still  existing, 
the  walls  of  which  are  ornamented  with  curious 
paintings. 

Some  of  these  represent  the  manners  and  cus- 
toms of  the  ancient  inhabitants  of  these  cities,  and 
show  that  a'  great  variety  of  utensils  now  in  use, 
and  supposed  to  be  of  modern  origin,  were  well 
known  to  the  Egyptians,  thousands  of  years  ago. 

It  is  evident  that  Egypt,  at  a  date  going  back 
nearly  2000  years  before  Christ,  was  a  thickly 
peopled  country,  and  that  a  vast  variety  of  curious 
and  useful  arts  were  in  use  among  the  inhabitants. 
There  is  no  doubt  that  it  was,  at  this  and  later 
dates,  the  most  civilized  portion  of  the  globe,  and 
that  it  was  the  school  at  which  other  nations  for 
many  ages  learnt  philosophy.  From  this  country 
it  was  that  the  Greeks,  who  became  so  celebrated 
for  their  arts  and  their  advances  in  every  species 
of  human  learning,  derived  their  first  light  in  all 
branches  of  human  knowledge. 

But  however  much  Egypt  may  have  done  for 
the  rest  of  the  world  in  those  remote  and  mystic 
ages,  we  have  not  a  very  minute  record  of  her 
internal  history.  Of  her  political  system,  we  know 
that  it  was  an  hereditary  and  despotic  monarchy, 
modelled  upon  the  Asiatic  plan,  but  greatly  modi- 
fied, at  least  in  early  times,  by  the  influence  of 
priests. 


POLITICAL   INSTITUTIONS    OF    EGYPT.  71 

There  is  no  nation  of  antiquity  in  which  religion 
seems  to  have  had  greater  influence,  than  in  Egypt. 
Though  they  had  advanced  far  in  many  arts  and 
sciences — though  they  knew  the  globular  form  of 
the  earth,  calculated  eclipses,  regarded  the  moon 
as  another  globe,  were  acquainted  with  arithmetic, 
geometry,  and  various  cttrious  arts,  now  lost — 
still  they  were  in  the  highest  degree  supersti- 
tious. 

Their  superstitions  were  of  the  most  gloomy 
kind.  Music  was  only  used  at  funerals  and  the 
worship  of  the  gods.  Pleasure  was  a  stranger  to 
the  Egyptians ;  songs,  dances,  and  sports,  they  dis- 
liked; they  never  used  wine;  their  drink  was 
beer,  made  of  barley.  Funerals  and  times  of  sad- 
ness were  the  only  occasions  of  parade  and 
expense. 

Justice  was  administered  in  a  strict  and  speedy 
manner.  Written  laws  existed,  and  were  handed 
down  from  age  to  age.  Perjury  and  murder  were 
punished  with  death.  Calumniators  and  false 
accusers,  were  punished  as  if  they  had  committed 
the  crimes  they  charged  on  others.  Falsehood 
was  punished  by  a  loss  of  the  tongue ;  forgery,  by 
loss  of  the  hand ;  desertion  of  the  army,  by  in- 
famy. 

The  king  could  remit  the  penalty  of  the  law, 
and  indeed  his  authority  was  regarded  as  supreme 
— but  in  point  of  fact,  he  was  himself,  in  many 
things,  overruled  by  the  priests.  These  even  made 
rules  to  regulate  his  private  affairs ;  they  educated 
his  children ;  pointed  out  the  daily  duties  of  his 
slaves  ;  fixed  the  bill  of  fare  at  his  table ;  and  in 
various  ways  abridged  ahd  controlled  his  power. 

Kings  were  judged  after  their  death,  and  if  con- 


1^  POLITICAL   INSTITUTIONS   OF   EGYPT. 

demned,  their  bodies  were  cast  away.  Soldiers 
and  priests  were  exempt  from  all  taxes,  and  every 
son  was  obliged  to  follow  the  profession  of  his 
father.  The  people  were  divided  into  seven  casts — 
priests,  soldiers,  shepherds,  swineherds,  mechan- 
ics, interpreters,  and  fishermen.  The  priests  were 
at  the  head ;  they  weref  the  teachers  of  the  people 
and  the  patrons  of  science.  From  them  the  chief 
offices  of  state  were  filled ;  they  were  the  physi- 
cians, judges,  architects,  astronomers  and  astrolo- 
gers. They  kept  science  and  knowledge  to  them- 
selves, for  by  these  they  held  their  sway  over  the 
people. 

Thus  It  appears  that  the  government  of  ancient 
Egypt  was  despotic,  checked  only  by  the  power 
of  the  priests,  and  laws  established  by  usage.  It 
appears,  also,  that  this  power  varied  at  different 
periods,  being  more  despotic  at  one  time  than  an- 
other. It  does  not  seem,  however,  that  any  other 
idea  of  government  was  ever  started,  than  that  of 
a  divine  right  to  rule  on  the  part  of  the  prince, 
or  the  priest,  and  the  same  obligation  to  obey  on 
the  side  of  the  people. 

/ 


CHAPTER  XXV. 


Sketch  of  Ancient  Greece.    Character  of  t) 
People. 


Ruins  of  an  ancient  Grecian  edifice. 

It  is  at  a  period  of  very  distant  antiquity,  and 
in  an  age  involved  in  doubt  and  fable,  that  the 
history  of  Greece  begins.  It  was  about  five  hun- 
dred years  after  the  flood,  when  Abraham  was 
living,  that  is,  about  3700  years  ago,  that  the  first 
kingdom  of  Greece  was  founded ;  the  country,  pre- 
vious to  that  time,  being  inhabited  by  wild  and 
wandering  tribes  of  savages. 

The  history  of  ancient  Greece  commences  in  the 

year  1856,  B.  C,  and  ends  in  146,  B.  C,  making 

a  space  of  1700  years,  being  nearly  one  third  of 

the  time   that  has  elapsed  since  the  world  was 

7 


74     ANCIENT  GREECE — CHARACTER  OF  THE  PEOPLE. 

created,  and  almost  one  half  of  the  time  since 
the  deluge. 

The  country  of  ancient  Greece  was  a  large 
peninsula  in  Europe,  on  the  north  side  of  the  Med- 
iterranean sea;  lying  between  Italy  and  Asia 
Minor,  and  embraced  many  islands  situated  near 
its  shores.  Its  length,  when  most  extensive,  was 
about  400  miles,  and  its  breadth  about  an  average 
•of  150  miles. 

Yet  this  small  spot,  less  in  extent  than  the 
State  of  New  York,  produced  a  people,  who  left 
more  to  instruct  and  admonish  the  nations  that 
followed  them  than  any  other;  and  who,  after 
the  lapse  of  2500  years,  are  still  the  subjects  of  the 
most  lively  interest. 

The  country  inhabited  by  this  extraordinary 
people  was  highly  beautiful.  Its  surface  was^ 
variegated  by  picturesque  mountains;  between 
them  were  valleys  of  the  brightest  verdure, 
through  which  a  thousand  small,  but  clear  rivers 
dashed  rapidly  to  the  sea. 

The  climate  was  among  the  finest  in  Europe. 
It  was  exempt  from  the  extremes  of  summer  and 
winter;  the  sky  was  seldom  obscured;  and  the  air, 
being  peculiarly  clear,  presented  objects  to  the  eye 
with  the  most  striking  distinctness.  The  sea  was 
said  to  be  more  beautiful,  the  islands  that  clustered 
around  the  peninsula  more  charming,  the  roman- 
tic landscapes,  embracing  mountains,  and  vales, 
and  rivers,  more  delightful  here  than  in  other 
lands. 

It  was  the  lot  of  a  people  of  strong  and  peculiar 
genius  to  inhabit  this  favored  region.  Here  they 
flourished  for  1700  years.  This  ancient  nation 
has   slept   in  the    tomb  for  centuries,  but  their 


ANCIENT  GREECE — CHARACTER  OF  THE  PEOPLE.     73 

deeds  and  their  institutions  have  survived  the 
lapse  of  ages;  and  like  mountains  seen  through 
the  mist  of  distance,  they  strike  through  the  shad- 
ows of  antiquity,  and  still  excite  our  wonder  and 
admiration. 

It  is  to  this  people  that  we  are  indebted  for  the 
first  example  of  a  federal  government — a  union  of 
several  states  under  one  superintending  power. 
Of  course,  we  find  in  its  history  the  first  outline 
of  the  constitutian  of  our  own  government,  so 
much  the  object  of  admiration  in  other  nations, 
and  so  worthy  of  our  own  respect  and  veneration. 

Greece  also  exhibited  the  earliest  dawnings  of 
political  liberty.  While  the  nations  around  her 
were  living  in  barbarism,  or  submitting  to  tyranny, 
she  was  emerging  from  darkness  into  the  light  of 
freedom.  About  the  time  when  Saul  was  made 
king  over  Israel,  Athens  abolished  royalty.  The 
ancient  Grecians  were  the  first  people  to  under- 
stand their  rights,  and  to  assert  them ;  the  first  to 
discover  that  the  people  are  the  only  legitimate 
source  of  political  power — that  the  true  end  of 
government  is  to  ensure  the  happiness  of  the  peo- 
ple at  large — by  establishing  equal  laws — promot- 
ing justice,  and  punishing  crimes;  the  first  to 
establish  constitutions  on  a  basis  to  secure  these 
ends. 

There  was  in  the  Grecian  character  a  nobleness 
and  ingenuousness  of  sentiment  which  makes  it 
seem  almost  desirable  to  have  lived  among  them. 
There  is  a  curious  anecdote  of  an  old  man,  a  stran- 
ger at  Athens,  who  went  one  evening  into  the 
theatre.  As  he  approached  the  seats  of  the  Athe- 
nian youth,  they  pressed  together  in  such  a  man- 
ner as  to  leave  him  no  place  to  be  seated  ;  he  was 


76     ANCIENT  GREECE. — CHARACTER  OF  THE  PEOPLE. 

therefore  compelled  to  stand  in  a  situation  very 
conspicuous  and  embarrassing,  and  exposed  to  ridi- 
cule. The  Lacedemonians,  who  held  age  in  great 
veneration,  perceiving  his  confusion,  and  touched 
with  pity,  by  a  general  sympathy  all  rose  at  once 
to  offer  him  a  seat.  The  volatile  Athenians, 
struck  with  such  urbanity,  suddenly  gave  a  thun- 
der of  applause.  The  old  man  replied,  "The 
Athenians  know  what  is  good — the  Lacedemoni- 
ans practise  it." 

Their  patriotism  was  of  the  loftiest  kind.  Where 
is  the  man  in  our  day  who  would  voluntarily  sac- 
rifice his  life  for  his  country  7  Yet  many  instan- 
ces are  furnished  by  the  history  of  Greece,  in 
which  men  laid  down  their  lives  to  benefit  their 
country ;  and  they  did  this  in  a  manner  more 
unequivocal  and  more  frequently  than  any  other 
nation.  The  Athenians  were  once  engaged  in  a 
dangerous  war.  An  oracle,  supposed  to  declare 
the  will  of  heaven,  when  consulted  in  respect  to 
the  war,  said  that  the  nation  whose  king  was  first 
slain  should  be  victorious.  The  king  of  Athens, 
perceiving  that  it  would  be  difficult  for  him  to  be 
slain  in  the  common  course  of  events,  dressed 
himself  in  disguise,  went  into  the  enemy's  army, 
and  allowed  himself  to  be  killed. 

With  the  Greeks,  personal  attachment  had  more 
influence,  and  private  interest  less,  than  with 
almost  any  other  people.  Xerxes  the  Great  was 
much  surprised  when  a  Greek,  who  was  admitted 
to  his  confidence,  told  him  that  the  Greeks  did  not 
fight  for  money.  "And  pray,"  said  he,  "  what  do 
they  fight  for?"  "They  fight,"  said  the  other, 
"for  glory."  The  brave  men  who  fought  and  fell 
with  Leonidas    at  the  straits   of  Thermopylae, 


GREECE.  7T 

were  inspired  by  the  love  of  countryj  by  devotion 
to  their  leader,  to  one  another,  to  glory. 

Many  of  them  seemed  to  live  for  the  interest  and 
happiness  of  their  friends.  Solon's  rule  for  measur- 
ing happiness,  proposed  to  Croesus,  king  of  Lydia, 
was  to  "  live  in  love,  and  die  in  peace."  And  he 
told  the  haughty  monarch  that  Cleobis  and  Biton, 
two  obscure  young  men,  who  spent  their  time  in 
performing  their  duty  to  their  country  and  the  gods, 
in  acts  of  kindness  to  their  friends,  and  of  filial 
piety  to  their  mother,  were  happy  men. 


CHAPTER  XXVI. 

Greece  continued 

In  the  history  of  Syracuse,  settled  by  a  Grecian 
colony,  there  is  an  account  of  two  young  Grecian 
noblemen,  Damon  and  Pythias,  who  lived  in  the 
reign  of  Dionysius  the  tyrant.  They  had,  for  a 
long  time,  cultivated  the  strictest  intimacy  and 
friendship,  and  pursued  an  unimpeachable  course 
of  life.  But  the  spirit  of  liberty,  prevalent  among 
the  Greeks,  had,  on  various  occasions,  appeared; 
and  many  had  fallen  victims  to  the  suspicions  of 
the  tyrant. 

At  length,  one  of  the  two  friends,  Damon,  was 
seized  by  Dionysius,  and  condemned  to  die.  But 
as  he  had  business  abroad  of  consequence  to  his 
family,  which  he  wished  to  settle  before  his  death, 
ne  applied  to  the  king  for  permission  to  go  ;  and 
his  friend  Pythias  oifered  himself  as  a  hostage  to 
7* 


70  GREECE. 

remain  in  prison  till  his  return,  or  die  in  his  stead 
if  he  did  not  return.  The  king  accepted  the  sub- 
stitute, and  Damon  went  on  his  journey. 

When  the  time  appointed  for  the  execution 
of  the  sentence  drew  near,  the  criminal  had  not 
returned,  and  everybody  now  began  to  believe  that 
he  had  made  his  escape,  and  left  Pythias  involved 
in  ruin.  Pythias  maintained,  however,  with  un- 
shaken confidence,  that  his  friend  would  return, 
unless  prevented  by  death  or  unavoidable  neces- 
sity, in  which  case  he  should  submit  to  his  fate 
without  repining. 

The  day  and  the  hour  arrived ;  no  criminal  ap- 
peared. An  immense  crowd  of  people  assembled 
to  see  the  result  of  so  strange  an  event.  Dionysius 
himself  expressed  great  uneasiness,  but  as  he 
expected  it  had  been  a  plan  contrived  to  screen 
the  oifender,  he  was  determined  to  inflict  the  sen- 
tence on  the  hostage.  Pythias  was  led  to  the 
scaffold.  He  ascended  with  an  undaunted  air 
and  firm  step,  but,  lest  the  honor  of  his  friend 
should  be  tarnished,  he  requested  as  much  delay 
as  the  forms  of  proceeding  in  such  cases  would 
admit. 

What  was  the  astonishment  of  the  whole  con- 
course, when,  at  this  critical  moment,  the  cry  of 
^^ Damon!  Damon l^''  was  heard  from  an  extreme 
part  of  the  assembly.  He  approached  with  haste 
and  terror  lest  he  had  come  too  late,  and  impeded 
by  the  greatness  of  the  crowd,  he  drew  his  sword, 
and  forced  his  way  through  the  throng,  till  he 
rushed  into  the  arms  of  his  friend. 

But  here  a  scene  ensued  which  is  not  easily 
described.  Nor  is  it  possible  to  say  whether 
the  sincerity  of  their  friendship,  or  their  superi- 


GREECE.  79 

ority  to  death,  excited  the  most  admiration.  If  the 
king  was  amazed  at  the  return  of  Damon,  he 
was  more  amazed  to  see  Pythias  still  resolutely- 
determined  to  die  in  his  stead.  In  short,  the  con- 
test now  was  which  should  die.  Each  one  saw 
stronger  reasons  for  wishing  his  friend  to  live,  than 
to  live  himself;  each  one  claimed  the  right  of 
being  the  sacrifice. 

While  the  two  friends  were  engaged  in  this  un- 
paralleled dispute,  the  tone  of  public  sympathy 
rose  to  frenzy,  and  the  haughty  monarch  feared 
that  compassion  for  his  victim  might  suddenly 
change  into  fury,  and  hurl  him  from  his  throne. 
He  felt  that  a  tyrant's  power  is  not  equal  to  the 
power  of  virtue,  and  that  a  man  imbued  with 
noble  sentiments  is  greater  than  a  monarch  with- 
out them.  He  rose  from  his  seat,  and  embracing 
the  two  friends,  with  tears  in  his  eyes,  pronounced 
a  free  pardon,  bade  them  both  live  for  each  other's 
sake,  and  desired  they  would  admit  him  as  a  third, 
in  a  bond  of  union,  so  sacred,  and  so  noble. 

It  is  in  respect  to  a  people  thus  characterized 
by  greatness,  that  we  have  occasion  to  observe  and 
regret,  that  if  in  genius,  taste,  learning,  patriotism, 
love  of  liberty,  and  heroism,  they  stand  unri- 
valled among  the  nations  of  antiquity,  yet  they 
had  many  traits  in  their  character  to  be  con- 
demned. They  were  volatile  and  fickle,  ungrate- 
ful to  their  benefactors,  fierce  in  their  resentments, 
and  bloody  in  their  revenge. 

The  injustice  that  they  manifested  towards 
jBome  of  their  most  illustrious  patriots  and  philos- 
ophers was  remarkable.  It  must  be  admitted,  too, 
that  their  standard  of  morality,  formed  without 
the   light  of  Christianity,  was   very  low.     The 


80  ATHENS. — DIVISIONS    OF   'iHE   PEOPLE. 

boundaries  of  right  and  wrong  were  in  many 
things,  undefined,  and  the  strongest  had  generally 
the  advantage. 

On  the  whole,  we  are  forced  to  confess  that  one 
great  lesson  taught  us  by  the  history  of  this  inter- 
esting people  is,  that  the  human  mind,  under 
favorable  circumstances,  by  its  own  unassisted 
efforts  may  develop  powers,  achieve  deeds,  and 
display  traits  of  great  beauty  and  sublimity — but 
that  it  still  wanders  in  sad  uncertainty  as  to  the 
great  end  of  existence,  and  that  if  capable  of  dis- 
covering the  rules  of  justice  and  virtue,  it  is  still 
unable  to  devise  sufficient  motives  to  enforce  and 
establish  them. 


CHAPTER  XXVII. 

Athens.    Political  Divisions  of  the  People. 

The  city  of  Athens  was  the  capital  of  Attica,  a 
small  territory  situated  to  the  north  of  the  Gulf  of 
Saron.  It  was  founded  by  Cecrops,  an  Egyptian, 
who  led  thither  a  colony  and  introduced  a  knowl- 
edge of  the  arts  and  sciences,  1556,  B.  C.  It  occu- 
pied the  summit  of  a  rocky  mount,  in  the  midst  of 
a  large  plain,  about  five  miles  from  the  sea ;  and  as 
the  city  increased,  it  filled  a  large  space  of  the 
neighboring  plain.  The  Acropolis,  or  upper  city, 
was  fortified  as  a  citadel.  This  part  of  Athens 
was  greatly  embellished,  in  the  glorious  days  of 
the  repubUc,  with  temples,  statues,  and  monu- 
ments.    Here  are  still  magnificent  remains  of  that 


ATHENS. 


81 


master-piece  of  architecture,  the  Parthenon,  and 
also  of  the  beautiful  temple  of  Neptune. 

The  seaports  of  Athens  were  the  Portus  Phale- 
rius,  the  Piraeus,  and  the  Munychia,  which  last 
was  encompassed  with  a  strong  wall,  that  joined 
it  to  the  Piraeus.  Two  walls,  of  about  five  miles 
in  length,  enclosing  a  considerable  space  between 
them,  united  the  Piraeus  and  Athens.     The  whole 


View  in  Athens. 

«xtent  of  the  walls — comprehending  every  part  of 
Athens  and  its  suburbs— was  about  twenty-two 
miles. 

One  of  the  most  superb  buildings  in  Athens  was 
the  temple  of  Theseus,  in  the  middle  of  the  city. 
Jt  became  a  sanctuary  for  slaves.  It  still  exists  as 
a  matchless  model,  commanding  the  admiration  of 
all  who  feel  delight  in  the  grandeur  and  beauty  of 
architecture. 

6 


82 


ATHENS. — DIVISIONS    OF   THE   PEOPLE. 


Temple  of  TJieseus. 

The  inhabitants  of  Athens  were  divided  into 
three  classes;  the  freemen,  strangers  residing  in 
the  country,  and  the  slaves.  When  Athens  was 
in  its  highest  prosperity,  the  number  of  free  citi- 
zens was  about  20,000 ;  of  foreigners  and  stran- 
gers, 10,000  ;  and  of  slaves,  400,000. 

The  freemen  were  persons  whose  fathers  were 
citizens  in  their  own  right.  If,  however,  an 
Athenian  married  a  foreign  woman,  his  child  could 
not  be  enrolled  among  the  citizens,  unless  by  con- 
ferring some  signal  benefit  on  the  state.  This 
admission  could  only  take  place  in  an  assembly  of 
the  people,  and  was  required  to  be  ratified  in  a 
second  assembly.  From  time  to  time,  an  inquest 
was  held  to  clear  Athens  of  pretended  citizens. 
Fathers  were  careful  to  register  the  names  of  their 
sons  in  the  ward  to  which  they  belonged ;  young 
persons,  at  the  age  of  eighteen,  were  enrolled  a 
second  time. 

The  citizens  were  divided  into  tribes,  at  first 
four  in  number,  but  afterwards  increased  to  ten. 
The  freemen  alone  had  a  voice  in  the  election  of 
magistrates,  and  in  popular  assemblies. 


ATHENS. DIVISIONS   OF   THE   PEOPLE.  83 

Strangers  residing  at  Athens  were  protected  by 
the  law,  and  allowed  to  follow  trades,  or  spend 
their  fortunes ;  but  were  incapable  of  voting,  or  of 
being  elected  to  any  office.  They  were  subject  to 
an  extra  tribute,  in  addition  to  the  taxes  paid  by 
the  free  citizens.  On  certain  public  processions, 
they  carried  a  badge  of  distinction,  by  which  they 
were  known  from  the  Athenians.  Such  strangers 
as  had  rendered  eminent  service  to  the  republic, 
were  exempted  from  this  requisition. 

After  a  plague,  or  destructive  war,  it  was  usual 
to  replenish  the  city  by  admitting  strangers  to  the 
rank  of  freemen.  To  cement  the  freemen  and 
strangers  in  closer  union,  each  stranger  was  re- 
quired to  select  some  principal  citizen  to  be  his 
patron,  to  protect  him  from  oppression. 

It  is  painful  to  reflect  that,  in  a  country  where 
the  inhabitants  prided  themselves  upon  their  lib- 
erty, and  were  ready  to  make  such  sacrifices  to 
defend  it,  there  should  have  been  slaves,  greatly 
surpassing  the  free  citizens  in  number.  In  Athens 
they  were  about  twenty  times  as  numerous  as 
the  citizens.  Slaves  were  of  two  sorts ;  natural 
born  Greeks,  who  themselves,  or  whose  parents,  by 
poverty,  captivity,  or  other  misfortune,  had  been 
reduced  to  that  condition ;  or  foreigners,  imported 
from  abroad.  The  former  were  favored,  both  by 
law  and  custom,  much  more  than  the  latter. 

At  Athens,  slaves  were  in  general  more  mildly 
treated,  than  in  other  parts  of  Greece.  In  times 
of  danger,  some  obtained  their  freedom  by  fighting 
in  defence  of  the  state.  They  might  also,  if  provi- 
dent, amass  a  little  property  to  redeem  themselves. 
In  general,  masters  were  careful  not  to  allow  slaves 


84  GOVERNMENT   OP   ATHENS. 

the  use  of  arms  ;  neither  might  they  imitate  the 
dress  and  manners  of  freemen. 

The  Athenian  slaves  were  employed  in  cultiva- 
ting the  lands ;  they  also  wrought  in  the  mines 
and  quarries,  and  performed  all  the  domestic  ser- 
vices in  private  families.  Slaves  from  other  coim- 
tries  were  exposed  in  the  public  markets  for  sale. 
At  Athens,  when  a  slave  was  first  carried  home, 
an  entertainment  was  provided  as  a  welcome  to 
his  new  service.  It  was  the  interest  of  the  master 
to  treat  his  slaves  with  mildness,  and  attach  them 
to  his  service,  but  he  had  full  power  over  those 
which  were  bought,  and  might  even  put  them  to 
death. 


CHAPTER  XXVIII. 

Of  the  GoYemment  of  Athens, 

The  government  of  Athens  was  at  first  mon- 
archical ;  but  after  the  death  of  Codrus,  annual 
magistrates,  called  archons,  were  elected  and  pla- 
ced at  the  head  of  the  government.  Occasionally, 
however,  individuals  obtained  an  extraordinary 
ascendancy  in  the  state.  This  was  the  case  with 
the  tyrant  Pisistratus  and  his  sons ;  and  after  them, 
Pericles  ruled  Athens,  by  the  consent  of  the  people, 
nearly  forty  years.  The  usual  government  was 
carried  on  by  the  nine  archons,  by  a  senate  of 
600,  and  by  assemblies  of  the  people. 

The  persons  appointed  to  the  office  of  archon, 


GOVERNMENT    OF   ATHENS.  85 

were  elected  from  the  principal  citizens  by  lot. 
After  their  nomination,  they  were  subjected  to  two 
rigorous  examinations;  the  first  was  before  the 
senate,  and  the  other  in  the  forum,  before  the 
magistrates,  called  heliastcB.  They  were  required 
to  show  that  they  were  descended  of  ancestors, 
who  for  three  generations  had  been  Athenian 
citizens ;  to  specify  the  tribe  and  district  to  which 
they  belonged ;  to  adduce  proofs  of  their  filial 
piety,  and  of  having  served  their  country  faith- 
fully, and  borne  arms  in  its  defence. 

If  competent,  the  archons  took  an  oath  faithfully 
to  administer  justice,  and  to  receive  no  presents, 
or,  in  case  of  so  doing,  that  they  would  dedicate 
to  Apollo,  at  Delphos,  a  statue  of  gold,  equal  in 
weight  to  themselves.  When  their  functions 
expired,  an  inquisition  of  their  conduct  took  place, 
and  if  they  had  conducted  themselves  with  pro- 
priety, a  prospect  was  held  out  of  their  being 
admitted  into  the  Areopagus. 

In  the  discharge  of  their  duties,  the  archons 
wore  branches  of  myrtle,  and  in  case  any  one 
offered  them  insult  or  obstruction,  the  offender 
was  amerced  in  a  heavy  fine,  and  deprived  of  most 
of  the  privileges  of  citizens.  The  archons  were 
remunerated,  by  exemption  from  certain  taxes. 

The  chief  of  the  nine  archons  was  denominated 
The  Archon,  in  distinction,  because  the  year  was 
called  by  his  name.  He  decided  on  causes  be- 
tween married  persons;  also  concerning  wills, 
divorces,  and  legacies ;  he  was  the  general  guar- 
dian of  orphans.  The  theatres  and  public  diver- 
sions were  under  his  control,  and  his  office  requir- 
ed him  to  regulate  festivals  in  honor  of  the  gods ; 
to  watch  over  the  public  morals,  and  restrain  fla- 
8 


86  GOVERNMENT    OF   ATHENS. 

grant  offences.  He  was  empowered  to  inspect  the 
public  markets,  and  punish  the  venders  of  un- 
wholesome provisions. 

The  second  archon  was  called  king,  and  wore  a 
crown.  He  decided  upon  disputes  in  certain  fami- 
lies of  priests,  regulated  many  sacrifices  to  the  gods, 
and  generally  punished  offences  against  religion. 
Accusations  of  murder  were  made  before  him ;  and 
if  he  saw  cause,  he  sent  the  accused  to  be  tried 
by  the  areopagites,  among  whom  he  had  a  seat 
and  right  of  suffrage,  but  simply  as  a  member  of 
the  court,  and  when  he  attended,  he  laid  aside  his 
crown. 

Another  archon  exercised  over  strangers  the 
same  authority  which  the  preceding  archon  had 
over  citizens.  He  superintended  certain  festivals 
and  sacrifices  to  Mars  and  Diana.  He  also  ad- 
judged the  honors  to  be  paid  to  citizens  who  fell 
in  the  wars,  and  to  provide  for  their  orphans  from 
the  public  treasury. 

The  other  six  archons  presided  in  courts  for  the 
trial  of  civil  affairs  respecting  property,  as  belong- 
ing either  to  citizens  or  strangers.  They  were 
also  to  assist  in  watching  over  the  rights  of  the 
people  and  preserve  tranquillity,  especially  during 
the  night. 

The  archons  had  officers,  well  acquainted 
with  the  laws  and  accounts,  to  assist  them. 
There  were  subordinate  magistrates,  scattered 
through  the  different  tribes,  to  manage  their  pe- 
culiar interests,  and  regulate  minor  details  in  the 
police.  , 

The  supreme  power  of  enacting  laws  and  deci- 
ding in  matters  of  government  was,  by  Solon,  vested 
in  the  assemblies  of  the  citizens ;  but  to  prevent 


GOVERNMENT   OP  ATHENS.  87 

the  ill  consequences  that  might  arise  from  hasty 
and  ignorant  advisers,  he  constituted  a  council  of 
four  hundred,  in  which  all  proposals  should  be 
be  agitated,  before  they  were  submitted  to  the 
people. 

About  eighty-six  years  after  Solon,  when  the 
numbers  of  tribes  had  increased  from  four  to  ten, 
one  hundred  members  were  added  to  the  council 
or  senate,  which  made  their  number  five  hundred, 
or  fifty  for  each  tribe.  The  senators  were  chosen 
by  lot  from  the  different  tribes.  The  names  of  all 
the  citizens  in  the  tribe  qualified  for  ofiice  were 
engraved  on  tablets  of  brass,  and  cast  into  a  vessel; 
into  another  was  put  an  equal  number  of  beans, 
all  of  which  were  black,  except  fifty,  which  were 
white.  The  name  of  a  citizen  and  a  bean  Avere 
drawn  out  together,  and  if  the  bean  was  white,  he 
was  proclaimed  senator.  In  this  manner  they 
proceeded  till  the  whole  fifty  were  chosen.  They 
were  elected  for  one  year. 

The  power  of  this  senate  was  considerable. 
They  debated  all  measures  of  public  interest  and 
welfare,  and  examined  the  accounts  of  all  the 
magistrates  at  the  expiration  of  their  office.  They 
had  care  of  all  such  as  received  public  alms ;  they 
appointed  goalers  for  the  prisons,  and  could  punish 
for  offences  not  prohibited  by  any  law.  They  also 
had  the  charge  of  building  ships  of  war.  Each 
senator  was  allowed  a  drachm  a  day,  as  a  com- 
pensation for  the  loss  of  time. 

All  freemen  of  Athens  had  the  right  of  attending 
the  public  assemblies;  but  strangers,  slaves,  wo- 
men and  children  were  excluded.  They  were 
held  four  times  every  thirty-five  days,  and  also 
in  cases  of  extraordinary  emergency.    When  the 


m 


GOVERNMENT    OF    ATHENS. 


citizens  were  remiss  in  attendance,  the  magistrates 
shut  up  all  the  gates,  except  such  as  led  to  the 
place  of  assembly,  and  removed  all  goods  from  the 
market-place.  As  a  farther  inducement,  an  al- 
lowance in  money  of  three  oboli  was  given  to  all 
who  were  present  at  an  early  hour. 

After  certain  religious  ceremonies,  the  decree  of 
the  senate  was  read,  and  then  a  herald  pro- 
claimed: "Who  above  fifty  years  will  speak?" 
After  the  old  men  had  given  their  opinion,  pro- 
clamation was  made  that  every  citizen  was  at 
liberty  to  speak.  The  people  gave  their  suffrages 
by  holding  up  their  hands ;  but  on  certain  occa- 
sions by  ballot. 


Orator  addressing  the  people  of  Atftens. 

The  popular  assemblies  decided  respecting  peace 
or  war ;  they  received  ambassadors,  confirmed  or 
abrogated  laws;  nominated  to  almost  every  ofiice; 
granted  the  freedom  of  the  state  to  foreigners ;  and 
decreed  bono  s  to  such  as  had  deserved  weli  of 
the  republic. 


GOVERNMENT   OF   ATHENS.  89 

The  chief  inconvenience  attending  the  popular 
assemblies  was  the  power  which  the  orators  exer- 
cised over  the  popular  will  by  their  eloquenc^; 
for  factious  and  personal  motives,  they  often 
recommended  measures  inimical  to  the  honor  and 
interests  of  their  country.  The  orators  were  also 
accessible  to  bribes  from  foreign  princes ;  and  the 
eloquence  and  patriotism  of  Demosthenes  were  too 
successfully  opposed  by  the  gold  of  Philip  of 
Macedon,  received  by  other  speakers. 

In  Athens  the  constitution  was  entirely  demo- 
cratical,  but  there  was  always  a  powerful  body  of 
rich  individuals,  who  thought  it  advisable  to  curb 
the  power  of  the  people ;  and  they  often  succeeded 
in  their  object.*  Hence,  there  was  a  constant  jeal- 
ousy of  their  power  in  the  minds  of  the  people, 
and,  unfortunately,  it  was  chiefly  levelled  at  their 
ablest  men,  who  had  signalized  themselves  the 
most  by  their  service  to  the  state. 

From  this  fear  of  the  loss  of  power,  the  people 
were  led  to  commit  acts  of  flagrant  ingratitude  and 
injustice  towards  their  greatest  benefactors.  Mil- 
tiades,  who  had  sacrificed  his  own  interest  to  the 
general  welfare  and  common  cause  of  Greece;  who 
had  in  fact  saved  Athens,  by  his  heroism  and 
military  talents,  was  unjustly  condemned  to  pay  an 
excessive  fine,  and,  being  unable  to  pay  it,  he  lan- 
guished the  remainder  of  his  days  in  prison.  His 
son  Cimon,  after  his  father's  death,  was  put  in 
prison  till  this  debt  should  be  discharged.  To  free 
themselves  also  from  any  apprehension  of  charac- 
ters deservedly  popular,  they  had  recourse  to  an 
arbitrary  mode  of  punishment,  called  ostracism — 
a  state  of  exile  that  lasted  for  ten  years. 

The  process  of  condemnation  was  curious.  Of 
8* 


W  GOVERNMENT    OF   ATHENS. 

the  assembled  citizens,  each  took  an  oyster-shell, 
or  tile,  and  having  written  upon  it  the  name  of  the 
Person  intended  to  be  expelled,  carried  it  to  the 
market-place,  where  a  piece  of  ground  was  enclos- 
ed with  wooden  rails  for  that  purpose,  having  ten 
gates  for  the  ten  tribes  to  enter  separately.  The 
tiles  or  shells  were  there  deposited ;  and  if,  when 
numbered  by  the  archon,  they  amounted  to  ten 
thousand,  the  person  so  prescribed  was  adjudged 
to  the  ostracism.  A  similar  usage  prevailed  at 
Argos,  Miletus  and  Megara. 

Aristides  was  banished  in  this  way,  from  envy 
of  his  character,  so  gloriously  acquired  in  the  sur- 
name of  "the  Just."  A  similar  jealousy  forced 
Themistocles  into  banishment,  after  he  had  saved 
Athens  and  all  Greece,  by  his  admirable  conduct 
in  the  Persian  war.  Cimon,  Timotheus  and  other 
great  commanders,  who  had  distinguished  them- 
selves, preferred  living  as  much  as  possible  in  other 
countries.  Alcibiades  was  alternately  caressed 
and  persecuted  by  the  people ;  till,  by  their  indis- 
creet conduct  towards  him,  other  generals  in  the 
Peloponesian  war,  brought  calamity  and  ruin  on 
their  state. 

To  distinguished  individuals,  of  whom  they  en- 
tertained no  fear,  the  Athenians  gave,  as  a  reward, 
crowns  in  their  public  assemblies.  These  were 
conferred  by  general  suffrage,  and  were  afterwards 
preserved  in  the  famiUes  of  those  who  had  ob- 
tained them,  as  marks  of  honor.  Foreign  cities, 
by  their  ambassadors,  might  also  present  crowns 
to  their  meritorious  citizens,  after  having  received 
permission  of  the  people. 


CHAPTER  XXIX. 

The  Court  of  Areopagus. 

The  court  of  Areopagus  was  in  the  greatest  re- 
pute throughout  Greece,  for  the  wisdom  and  jus- 
tice of  its  decisions.  It  was  sometimes  convened 
in  the  royal  portico,  but  more  frequently  in  a  kind 
of  hall,  defended  from  the  weather  by  a  sort  of 
rustic  roof.  This  court  received  its  name  from 
being  held  sometimes  on  an  eminence,  near  the 
citadel,  called  the  hill  of  Mars. 

The  origin  of  this  court  has  been  referred  to 
Cecrops,  but  its  jurisdiction  was  then  confined  to 
criminal  cases  of  life  and  death.  This  continued 
to  form  their  chief  business  in  all  subsequent 
'  periods ;  but  they  also,  at  one  time,  assumed  the  in- 
spection and  custody  of  the  laws,  the  guardianship 
of  young  men,  whom  they  provided  with  tutors, 
to  be  brought  up  suitably  to  their  rank.  They 
also  punished  transgressors  of  decorum  and  mor- 
als, idleness,  rapine,  and  theft,  as  well  as  impiety 
towards  the  gods. 

The  members  of  this  court  held  their  office  for 
life.  Such  archons  as  had  acquitted  themselves 
with  honor  at  the  expiration  of  their  magistracy, 
were  admitted  into  the  Areopagus.  Other  citizens 
of  irreproachable  morals  received  this  honor.  The 
strictest  propriety  of  conduct  and  behavior,  was 
required  of  the  members.  To  have  been  seen  sit- 
ting in  a  tavern,  was  regarded  as  a  sufficient  rea- 
son for  exclusion.  Any  one  found  guilty  of  gross 
immorahty  was  expelled.     The  members  were 


92  <30URT   OF   AREOPAGUS. 

forbidden  to  write  comedies.  To  laugh  during 
the  sitting  of  the  court,  would  have  been  thought 
a  blameable  levity. 

It  is  related  that  a  member  of  the  Areopagus 
stifled  a  bird,  that,  for  fear,  had  taken  refuge  in 
his  breast.  For  this  act  he  was  expelled,  it  being 
considered  that  the  man  whose  breast  was  inac- 
cessible to  pity,  was  disqualified  to  sit  in  judgment 
on  the  lives  of  his  fellow-creatures.  Foreign 
states  frequently  referred  their  disputes  to  the  ar* 
bitration  of  the  Areopagus. 

This  court  usually  met  on  the  27th,  28th  and 
29th  day  of  every  month,  or  more  frequently,  if 
urgent  business  required  it.  They  sat  and  deter- 
mined all  causes  by  night  and  in  darkness,  that 
they  might  not  be  influenced  in  favor  either  of  the 
criminal  or  the  accuser,  and  that  no  one  might 
know  the  number  or  discern  the  countenances  of 
the  judges.  They  sat  on  seats  of  stone,  and  held  ' 
in  their  hands  a  sort  of  baton  as  a  badge  of  office* 

When  a  multiplicity  of  business  required  it, 
they  divided  themselves  into  committees,  to  de- 
cide on  separate  causes.  These  appointments 
were  made  by  lot,  that  it  might  not  be  known 
who  was  to  try  any  cause,  and  that  thereby  no 
one  might  be  corrupted  or  bribed  to  prejudge  any 
cause.  The  members  received  three  oboli,  that 
is,  about  sixty  cents,  for  every  cause  they  tried, 
and  they  sometimes  received  gifts  from  the  people. 


CHAPTER   XXX. 

Other  Courts  of  Athens.    Sparta. 


Acropolis  in  Athens. 

Besides  the  Areopagus,  there  were  ten  other 
courts  of  justice  among  the  Athenians;  four  of 
which  took  cognizance  of  homicides,  assaults,  and 
other  matters  of  blood ;  the  other  six  were  for  civil 
causes. 

The  judges  were  chosen  from  all  the  citizens 
indiscriminately  ;  the  very  lowest  being  eligible. 
The  only  pre-requisites  were,  that  tfiey  should  be 
thirty  years  of  age,  and  innocent  of  any  criminal- 
ity. The  number  of  these  judges  was  about  six 
thousand ;  but,  strictly  speaking,  they  were  mere- 
ly jurymen  to  assist  the  presiding  magistrate. 
One  inducement  to  become  a  judge  was,  that  they 
received  for  every  trial  an  obolus,  about  twenty 
cents,  each,  and  sometimes  three  oboli. 

This  recompense  occasioned  an  annual  expen- 


94  SPARTA. 

diture  to  the  state  of  about  one  hundred  and  fifty 
thousand  dollars  a  year.  That  the  profits  might 
be  more  equally  divided,  no  person  w^s  allowed 
to  sit  in  two  courts  the  same  day.  Such  as  were 
qualified  to  sit  on  trials,  and  had  leisure  any  day 
for  that  purpose,  attended  and  gave  in  their 
names ;  a  sufficient  number  was  then  elected  by 
lot  for  the  different  courts  for  that  day. 

They  received  tablets  to  indicate  this,  and  on 
presenting  them  to  the  officers  of  the  court,  were 
admitted,  and  received  each  a  sceptre,  as  an  en- 
sign of  authority.  On  leaving  the  court,  and 
giving  back  their  sceptres,  they  received  their  re- 
compense for  attendance. 

The  Athenians  were  so  litigious,  that  persons 
went  about  to  seek  occasions  for  commencing  a 
suit,  or  bringing  an  accusation  against  persons  of 
respectability.  Many  of  them  indulged  in  a  pre- 
dominant inclination  to  chicanery,  and  all  the  ar- 
tifices of  pettifogging. 

The  most  distinguishing  trait  in  the  character 
of  the  Athenians,  was  their  attachment  to  the 
arts,  to  literature  and  philosophy.  Hence  arose 
innumerable  distinguished  architects,  sculptors, 
poets,  historians,  and  philosophers,  who  rendered 
Athens  the  most  splendid  and  illustrious  city  on 
the  earth.  Their  literary  character  secured  to  the 
inhabitants  tfee  respect  of  their  conquerors,  long 
after  their  political  power  was  extinct.  From 
none  did  they  experience  this  more  than  from 
Alexander  the  Great. 

In  the  different  fate  which  befel  Athens  and 
Lacedaemon,  or  Sparta,  we  have  an  example  of 
the  superiority  which  letters  give  to  one  nation 
over  another,  when  that  nation  has,  besides,  dis- 


SPARTA.  95 

played  military  virtues.  Lacedgemon  was  differ- 
ent from  Athens  in  all  respects.  It  was  an  inland, 
not  a  maritime  city ;  its  power  depended  chiefly 
on  its  land  forces,  and  not  on  its  fleets ;  its  wealth 
arose  from  agriculture,  and  not 'from  commerce. 

Whilst  the  Athenians  indulged  in  every  kind 
of  elegant  luxury,  the  Lacedaemonians  gloried  in 
their  plain,  simple,  hardy  manner  of  living,  no 
less  exempt  from  pomp  and  splendor,  than  from 
effeminacy  and  sensuality.  The  Athenians  were 
desirous  of  enjoying  the  mental  and  physical 
pleasures  of  life ;  Avhilst  the  Lacedaemonians  were 
anxious  to  form  laborious  and  virtuous  citizens, 
and  by  the  terror  of  their  arms  to  rule  in  every 
state  in  Greece. 

Lycurgus  was  the  great  legislator  of  Sparta,  and 
on  his  institutions  the  power  of  their  state  was 
founded.  They  became  the  laws  of  Lacedaemon 
several  hundred  years  prior  to  the  Christian  era, 
and  they  were  observed,  in  some  particulars,  long 
after  the  state  had  submitted  to  the  supremacy  of 
Rome.  Apolonius  of  Tyanaea  found  them  still 
in  force  at  Lacedaemon,  during  the  reign  of  Do- 
mitian  about  the  year  100  A.  D. 

Lacedaemon,  or  Sparta,  was  the  chief  city  of 
the  adjoining  territory,  called  Laconia.  There 
were  many  other  towns  in  the  district,  confederated 
with  the  capital,  but  much  inferior  in  importance 
and  character.  Their  deputies  however,  insisted 
on  deliberations  respecting  peace  or  war,  or  other 
matters  connected  with  the  general  welfare  of  the 
whole  state. 

The  city  of  Sparta  was  built  at  the  foot  of 
Mount  Taygetus,  on  the  west  side  of  the  river 
Eurotas ;  it  was  of  a  circular  form,  and  about  six 


96  SPARTA. 

miles  in  circumference.  The  ruins  still  remain,  at 
a  little  distance  from  the  modern  town  of  Misitra. 
Sparta  anciently  had  no  walls,  as  it  depended  for 
its  defence  on  the  characteristic  energy  of  its  in- 
habitants. The  houses  were  little  graced  with 
architectural  ornaments,  but  were  lofty,  and  built 
with  great  solidity. 

.  The  citizens  of  Sparta  consisted  of  two  classes, 
— such  as  were  born  citizens,  and  such  as  had 
been  presented  with  the  freedom.  On  the  birth 
of  a  child,  he  was  carried  to  a  public  place,  where 
the  aged  persons  of  his  tribe  were  to  judge  wheth- 
er he  appeared  healthy  and  well-formed,  so  as  to 
be  likely  to  prove  one  of  the  future  defenders  of 
his  country.  If  of  a  weakly  constitution,  he  was 
cast  into  a  gulf,  for  it  was  not  deemed  expedient 
that  a  deformed  or  sickly  child  should  live. 

When  the  parents  were  both  Spartans,  and  the 
children  brought  up  according  to  the  prescribed 
institutions,  in  their  thirtieth  year  they  became 
legitimate  citizens,  and  eligible  to  bear  office  in 
the  magistracy,  or  in  the  army.  Unless  the  pa- 
rents were  both  Spartans  the  children  were  not 
legitimate.  Freedom  was  sometimes  bestowed  in 
reward  of  extraordinary  services,  but  that  was  of 
rare  occurrence. 

In  addition  to  those  enjoying  the  full  privileges 
of  citizens,  there  was  a  class  of  freedmen  who  had 
not  complied  with  all  the  regulations  required  in 
their  education ;  these  were  disqualified  for  hold- 
ing offices  in  the  state,  but  were  competent  to 
give  their  votes. 

In  Sparta  there  were  more  slaves  than  in  any 
other  city  of  Greece.'  They  were  employed  in 
domestic   drudgery    and    laborious    occupations. 


SPARTA.  9/ 

In  a  medium  condition,  between  the  slaves  and 
the  freedmen,  were  the  Helots.  -The  city  of  Helos 
had  been  taken  by  the  Spartans,  and  all  the  in- 
habitants were  reduced  to  subjection,  and  others 
afterwards  were  associated  with  them. 

These  acted  as  farmers  on  the  lands,  for  which 
they  paid  a  fixed  rent,  which  it  would  have  been 
disgraceful  in  any  proprietor  to  increase.  They 
were  also  employed  in  various  mechanical  arts. 
In  time  of  war  they  assisted  on  board  the  fleets, 
and  in  the  land  armies ;  every  heavy  armed  sol- 
dier was  accompanied  by  one  or  more  of  them. 

As  the  Helots  exceeded  the  freedmen  in  num- 
ber, they  became  a  source  of  terror,  and  various 
means  were  resorted  to,  to  keep  them  in  subjection. 
As  a  trait  of  the  Spartan  character,  history  has 
noticed  the  Helots,  as  being  compelled  at  times  to 
drink  to  excess,  and  in  that  condition  led  into  the 
public  halls,  that  the  youth  might  be  impressed 
with  a  sense  of  the  disgrace  of  drunkenness.  In 
any  other  city,  it  would  have  been  easy,  without 
compulsion,  to  find  persons  who  would  indulge  in 
drinking  to  intoxication. 

It  is  certain  that  the  Helots  were  thought  dif- 
ficult to  govern,  from  their  numbers,  courage  and 
wealth.  In  times  of  imminent  danger,  they  were 
encouraged  to  exert  themselves  by  the  hope  of 
being  admitted  to  the  rights  of  citizens,  which 
they  sometimes  obtained.  This  liberality  was  not 
always  shown,  and  they  were,  in  consequence, 
often  induced  to  join  with  an  invading  enemy. 
9  7 


CHAPTER   XXXI. 

Sparta— Continued. 

In  the  political  constitution  of  Sparta,  there 
were  two  kings;  a  senate  of  twenty-eight  old 
men;  five  magistrates  called  ephori,  resembling 
the  tribunes  of  the  people  at  Rome,  but  with  more 
extensive  powers ;  assemblies  of  the  free  citizens 
for  discussing  their  own  peculiar  interests ;  and 
assembhes  of  all  the  citizens  of  the  other  free 
towns  in  Laconia. 

There  were  two  kings  at  Sparta,  of  two  different 
families,  in  each  of  which  the  crown  descended  to 
the  eldest  son,  or  to  the  nearest  male  heir.  The 
heir  to  the  crown  was  not  brought  up  with  the 
other  children  of  the  state,  that  he  might  not  be 
in  danger  of  losing  the  respect  necessary  for  his 
station. 

The  power  of  the  kings  was  very  limited. 
Their  chief  power  in  peace  was  to  regulate  mat- 
ters connected  with  religion,  and  to  appoint  va- 
rious inferior  officers  of  the  magistracy  and  priest- 
hood. They  presided  in  the  senate,  and  proposed 
matters  for  deliberation ;  and  each  had  two  suf- 
frages. They  were  considered  as  merely  the  first 
citizens  of  a  free  state,  and  went  about  without  a 
retinue  and  without  ostentation.  In  time  of  war^ 
the  kings  commanded  the  armies,  with  full  pow- 
ers of  a  general,  and  had  liberty  to  conclude  a 
truce  with  the  enemy. 

The  senate  consisted  of  twenty-eight  members, 
above  sixty  years  of  age,  elected  to  the  office  for 
life  by  the  voice  of  the  citizens.     Their  office  wa;? 


SPARTA.  99 

to  deliberate  on  all  questions  respecting  peace  and 
war,  foreign  alliances,  &c.  They  were  judges  in 
matters  of  importance,  and  both  the  lives  and  for- 
tunes of  the  people  depended  on  their  decisions. 

The  ephori  were  five  in  number,  elected  annu- 
ally by  the  citizens.  They  held  courts  in  the  fo- 
rum, where  they  decided  in  matters  of  dispute 
between  individuals,  and  also,  along  with  the  sen- 
ate, they  had  the  power  of  life  and  death.  They 
had,  likewise,  authority  over  other  magistrates, 
so  as  to  depose  or  imprison,  and  bring  them  to 
trial  for  their  lives.  They  could  assume  this  right 
over  the  kings,  but  they  were  very  delicate  in  ex- 
ercising it.  Two  of  them  generally  accompanied 
the  king  in  his  military  expeditions,  as  a  watch 
over  his  conduct. 

To  these  magistrates  was  entrusted  the  care  of 
education, — to  see  that  the  children  were  brought 
up  according  to  the  institutions  of  Lycurgus. 
They  had  the  executive  power,  received  foreign 
ambassadors,  convened  general  assemblies,  and 
presided  in  them;  they  levied  troops,  and  sent 
them  to  their  destination ;  and  sent  to  the  general 
of  the  army,  orders  which  he  was  bound  to  obey. 

The  assemblies  of  the  people  were  to  decide  on 
matters  laid  before  them  by  the  senate.  They 
were  composed  of  all  the  citizens  of  thirty  years 
of  age.  The  citizens  of  liaconia  were  30,000  in 
number.  Lycurgus  caused  the  whole  country  to 
be  divided  into  that  number  of  equal  shares,  of 
which  the  district  of  Sparta  contained,  according 
to  some  accounts,  9,000;  but  according  to  others 
only  6,000  or  4,500. 

Celibacy  was  considered  disgraceful,  and  bach- 
elors were  subjected  to  various  penalties.     The 


100  SPARTA. 

citizens  were  required  to  marry  women  of  their 
own  rank  and  without  portions,  that  they  might 
form  a  union  from  motives  of  pure  affection. 

Lycurgus  ordained  that  children  of  all  ranks 
should  be  brought  up  in  the  same  manner ;  that 
they  should  be  inured  to  bridle  their  appetites, 
and  be  accustomed  to  spare  meals  and  fasting. 
At  twelve  years  of  age,  they  were  examined  to 
see  how  far  they  were  competent  to  endure  dark- 
ness and  solitude,  and  also  as  to  their  temperance 
in  the  choice  of  articles  of  food. 

The  Spartans  were  ordered  to  eat  together  in 
public,  and  non-attendance  at  these  meals  was 
subject  to  a  fine.  The  intention  of  the  law  was 
to  repress  luxury ;  and  that  the  young  might  de- 
rive instruction  from  the  aged,  who  were  wont  to 
relate,  during  the  repast,  all  such  achievements  as 
had  been  marked  with  celebrity  during  their 
lives.  It  was  forbidden  to  eat  at  home,  previous 
to  going  to  these  meals.  The  kings,  magistrates, 
and  citizens,  seated  themselves  at  tables  contain- 
ing fifteen  covers,  each.  The  guests  at  one  table 
did  not  interfere  with  those  of  another,  but  formed 
a  fraternity  into  which  no  person  could  be  received 
but  by  the  consent  of  all  who  composed  it. 

Their  food  and  drink  were  of  the  plainest  sort, 
and  one  dish  in  particular,  the  black  broth,  has 
been  spoken  of  in  all  ages.  The  expense  of  these 
public  meals  was  defrayed  by  individuals  who 
were  obliged  to  furnish  every  month  a  certain 
quantity  of  barley-meal,  wine,  cheese,  figs  and 
money. 

The  rich  and  poor  were  clothed  alike.  They 
were  not  to  change  either  the  fashion  or  the  ma- 
terials of  their  garments,  which  were  calculated 


SPARTA.  101 

to  produce  warmth,  and  but  little  adapted  for  or- 
nament. Even  the  kings  conformed  to  this  cus- 
tom. Boys  were  not  permitted  to  wear  shoes, 
that  their  feet  might  become  indurated,  and  that 
they  might  early  climb  steep  and  rough  declivities. 
The  Spartans  were  not  to  use  baths  or  ointments, 
except  at  stated  times,  but  were  expected  to  bathe 
in  the  river. 

So  long  as  the  Spartans  remained  independent 
of  other  states,  they  were,  at  home,  bound  as 
strictly  by  the  laws  and  customs,  as  soldiers  are 
by  the  rules  of  war  in  a  camp. 

Obedience  to  superiors  was  strictly  required,  as 
a  matter  which  constituted  the  essence  of  all  gov- 
ernment. To  honor  the  aged  was  also  especially 
enjoined.  The  youths  rose  up  whenever  the  old 
men  entered;  they  gave  way  ^to  them  in  the 
streets,  and  were  silent  when  they  spoke.  As  all 
children  were  deemed  the  property  of  the  state, 
the  old  assumed  the  authority  of  parents,  and 
might  reprove  not  only  their  own  sons,  but  those 
of  others,  if  concerned  in  any  impropriety. 

The  Spartans  made  no  great  proficiency  in 
science^  literature,  or  the  arts.  Even  their  laws, 
for  a  long  period,  were  not  committed  to  writing. 
They  were  forbidden  to  exercise  any  mean  or  me- 
chanical occupation. 

The  profession  of  a  soldier  was  the  most  honor 
able.    Curious  and  refined  arts,  or  such  as  tended 
to  luxury,  were  forbidden.     Theatrical  entertain- 
ments were  not  allowed. 

It  is  stated  by  credible  authors,  that  the  Spartan 
youth  were  allowed  to  steal,  but  if  detected  they 
were  liable  to  be  punished  for  their  want  of  dex- 
9# 


■y.  ■  ::  c'> 


102  SPARTA. 

terity.  To  be  distinguished  by  such  regulations 
as  these,  seems  a  matter  of  unskilful  policy. 

Boys  were  daily  exercised  in  hunting,  to  render 
them  robust  and  active.  Young  men  and  women 
were  to  practise  dancing.  They  were  also  to  be 
exercised  in  running,  wrestling  and  throwing  the 
quoit  or  javelin.  It  was  the  intention  of  the  legis- 
lator that  the  women,  as  well  as  men,  should  be 
Strong  and  alert.  The  youths  were  to  be  con- 
stantly employed.  At  a  certain  time,  boys  were 
to  be  whipped  in  the  temple,  and  around  the  altar 
of  Diana.  This  took  place  once  every  year ;  and 
such  as  endured  this  flagellation  without  groaning 
or  shedding  a  tear,  were  held  in  high  esteem. 

Gold  and  silver  were  prohibited  under  severe 
penalties,  and  no  money  except  that  made  of  iron 
was  allowed.  Contracts  were  made  by  barter. 
The  laws  respecting  money  were  ill  observed,  and, 
after  the  conquest  of  Athens,  were  abrogated 
entirely. 

Till  a  man  arrived  at  the  age  of  thirty,  he  was 
not  to  be  sent  abroad  to  serve  in  the  army,  but 
was  to  remain  at  home  to  defend  the  country. 
They  were  not  to  undertake  sieges  of  towns,  or 
engage  at  sea ;  but  this  law  grew  in  time  to  be 
disregarded.  A  soldier  who  lost  his  shield  in 
battle,  was  deemed  infamous. 

In  time  of  war,  the  severity  of  their  regulations 
was  relaxed,  and  the  soldiers  were  permitted  to 
indulge  in  such  enjoyments  as  they  could  procure. 
They  were  not  to  commence  a  military  expedi- 
tion before  the  full  moon.  Bravery  in  war  was 
one  great  object  which  their  education  was  calcu- 
lated to  promote.  Whoever  left  the  ranks  and 
fled  was  inevitably  disgraced.  * 


STATES    OF    GREECE.  103 

If  the  Spartans  fell  in  battle  on  the  frontiers,  it 
was  the  law  and  custom  that  their  bodies  should 
be  carried  back  and  interred  in  their  family  sepul- 
chres, unless  it  should  appear  that  they  had  re- 
ceived their  death  in  flight;  in  that  case  they 
were  left  unburied. 


CHAPTER  XXXII. 

Other  States  of  Greece. 

The  other  states  of  Greece,  like  Athens  and 
Sparta,  had  a  republican  form  of  government.  In 
some  of  them  the  chief  power  was  in  the  rich, 
and  the  constitution  was  oligarchical  or  aristo- 
cratical.  In  others,  the  people  had  the  supreme 
power,  and  the  constitution  was  democratical. 
In  almost  all  the  states,  the  two  parties  were 
ever  struggling  for  the  ascendency.  A  similar 
jealousy  was  entertained  in  Sparta  and  Athens; 
the  former  favoring  the  aristocracy,  and  the  latter 
supporting  the  cause  of  the  people. 

In  none  of  them  were  the  same  rigorous  institu- 
tions as  at  Sparta,  and  nowhere  were  the  arts 
and  sciences,  learning  and  philosophy,  so  much 
cultivated  as  at  Athens. 

The  council  of  the  Amphictyons  resembled  the 
diet  of  the  Germanic  empire  in  modern  times,  or 
the  general  diet  of  the  deputies  of  the  cantons  of 
Switzerland.  In  this  confederation,  twelve  na- 
tions of  the  Greeks  associated  together,  each  of 
which  might  give  two  votes  or  suff'rages,  and  send 
what  number  of  deputies  they  thought  fit. 


104  STATES    OF   GREECE. 

The  object  was  to  settle  matters  connected  with 
the  general  mterest;  but  chiefly  to  decide  questions 
between  any  two  states,  so  as  to  obviate  the  ne- 
cessity of  an  appeal  to  arms. 

This  council  was  held  in  the  spring  at  the  city 
of  Delphi,  and  in  winter  at  Anthela,  near  the 
Straits  of  Thermopyla?.  At  their  meetings,  a  nu- 
merous concourse  of  spectators  attended,  and  they 
opened  their  proceedings  by  sacrifices  and  reli- 
gious observances. 

This  league  was  ratified  by  the  following  oath : 
*'  We  swear  never  to  destroy  any  Amphictyonic 
town,  nor  divert,  either  in  peace  or  war,  the  springs 
or  streams  necessary  to  supply  its  wants.  If  any 
power  shall  attempt  it,  we  will  march  against  that 
power,  and  destroy  its  cities.  Should  impious 
men  seize  upon  the  ofl'erings  in  the  temple  of  Apol- 
lo, at  Delphi,  we  swear  to  employ  our  feet,  our 
voices,  our  arms,  and  all  our  powers,  against 
them  and  their  accomplices." 

The  Amphictyonic  council  could  levy  fines  on 
offending  cities;  and,  if  not  promptly  paid,  the 
fines  were  doubled.  If  the  party  against  which 
the  fine  was  awarded,  still  continued  refractory, 
the  league  called  upon  all  the  confederate  states 
to  arm  and  support  its  decrees.  They  also  ex- 
pelled from  their  council  the  deputies  of  the  of- 
fending state. 

The  feebler  states  were  obliged  to  submit,  but 
the  more  powerful,  when  they  had  a  considerable 
interest  at  stake,  were  not  so  complying.  Thus, 
the  Lacedaemonians,  after  they  had  been  fined 
600  talents  for  seizing  on  the  citadel  of  Thebes  in 
time  of  peace,  refused  to  pay ;  and  when  the  fine 
was  doubled,  they  still  held  out,  alleging  that  the 


ROME.  105 

decree  was  unjust ;  and  by  force  of  arms  persisted 
in  disobedience. 

For  robbing  the  temple  of  Delphi,  the  most  se- 
vere vengeance  was  denounced ;  and  in  case  of 
resistance,  death  and  deprivation  of  sepulture  was 
inflicted. 

The  vast  treasures  accumulated  in  this  temple, 
tempted  the  Phoceans  to  violate  the  precincts,  and 
they  took  from  it  immense  sums.  They  success- 
fully resisted  for  some  time  the  Boeotians  and 
other  states ;  but  at  last  they  were  miserably  de- 
stroyed by  Philip,  king  of  Macedon.  That  subtle 
politician  availed  himself  of  the  popularity  of  the 
act  to  appear  as  an  avenger  of  the  gods.  Philip 
was,  after  this,  admitted  into  the  council,  which 
extended  his  influence  over  Greece  till  he  had 
reduced  it  to  a  state  bordering  on  subjection. 


CHAPTER  XXXIII. 

The  City  of  Rome. 

The  city  of  Rome  derived  its  name  from  Rom- 
ulus, who,  with  a  colony  from  Alba  Longa,  found- 
ed it  753  years  before  Christ.  It  was  built  on  the 
banks  of  the  river  Tiber,  and  stood  on  the  seven 
hills,  Palatinus,  Capitolinus,  Aventinus,  Quirina- 
lis,  Coelius,  Yiminalis,  and  Esquilinus,  and  in  its 
most  flourishing  state,  its  walls  surrounded  a 
space  of  ftfty  miles.  This  territory  was  divided 
into  three  unequal  parts,  one  of  which  was  allot- 
ted for  the  service  of  religion,  and  for  building 
temples ;    another  for  the  king's  revenue  and  the 


106  ROME. 

uses  of  the  slate ;  and  the  third  and  most  consid- 
erable part  was  divided  into  thirty  portions,  to  an- 
swer to  the  thirty  curiae,  or  divisions  of  the  people. 

Rome,  in  its  day  of  glory,  abounded  in  magnifi- 
cent temples,  amphitheatres,  and  places  for  ex- 
ercise and  amusement ;  buildings  for  the  assem- 
blies of  the  people,  public  places,  piazzas  or  porti- 
coes, columns,  triumphal  arches,  and  trophies, 
aqueducts,  public  sewers,  and  highroads. 

The  forum  was  the  most  ancient  public  build- 
ing in  Rome ;  it  was  composed  of  a  vast  assem- 
blage of  sumptuous  but  irregular  edifices,  forming 
a  spacious  oblong  square,  entirely  surrounded  by 
a  piazza  terminated  at  each  end  by  a  triumphal 
arch.  It  was  here  that  the  assemblies  of  the  peo- 
ple were  held,  and  harangues  delivered  to  the  ple- 
beians, or  common  people. 

Here  also  justice  was  administered  in  vast  halls 
appropriated  to  the  different  tribunals;  it  was, 
moreover,  the  residence  of  the  chief  bankers,  and 
contained  a  variety  of  shops  stored  with  a  profu- 
sion of  the  most  costly  merchandise,  and.  conse- 
quently, was  the  mart  for  all  important  and  com- 
mercial transactions.  This  being  the  emporium 
of  law,  politics,  and  trade,  it  became  equally  the 
resort  of  the  man  of  business  and  the  lawyer,  and 
was  the  scene  of  the  chief  bustle  of  the  city. 

Of  its  present  state  we  have  the  following  au- 
thentic description:  "Its  temples  are  fallen;  its 
sanctuaries  have  crumbled  into  dust;  its  colon- 
nades encumber  the  pavements,  now  buried  under 
their  remains.  The  walls  of  the  rostra,  stripped 
of  their  ornaments  and  doomed  to  eternal  silence ; 
a  few  shattered  porticoes,  and  here  and  there  an 
insulated  column  standing  in  the  midst  of  broken 
shafts;   vast  fragments  of  marble  capitals,  and 


ROME. 


107' 


cornices  heaped  together  in  masses ;  remind  the 
traveller  that  the  fields  which  he  now  traverses 
were  once  the  Roman  forum.  So  far  have  the 
modern  Romans  forgotten  the  theatre  of  their 
glory,  and  the  imperial  power  of  their  ancestors, 
as  to  degrade  it  into  a  common  market  for  cattle." 


Euins  of  a  Roman  aqueduct. 

The  aqueducts  were  by  far  the  noblest  proof  of 
the  grandeur  of  Rome.  Some  of  these  wonderful 
channels  brought  water  from  upwards  of  sixty 
miles,  through  rocks  and  mountains  and  over  val- 
leys, supported  on  arches  in  some  places  more 
than  one  hundred  feet  high,  one  row  being  placed 
above  another. 

The  city  was  cleansed  by  means  of  sewers  of 
stupendous  magnitude,  and  of  such  solid  work- 
manship that,  after  a  lapse  of  more  than  two  thou- 
sand years,  though  earthquakes  have  shaken  the 
very  foundations  of  the  city,  the  principal  drain 
is  still  entire. 


108  BOME. 

The  Romans  paid  extraordinary  attention  to  the 
construction  of  roads.  They  were  carried  in  va- 
rious directions  throughout  the  whole  extent  of  the 
vast  empire,  and  were  formed  with  such  soUdity  as 
still  to  remain  in  many  places  in  perfect  repair. 


CHAPTER  XXXIV. 

Rome— Divisions  of  tlie  People. 

In  the  early  ages  of  its  history,  when  Rome 
was  but  thinly  inhabited,  whoever  fixed  their 
abode  within  its  limits,  obtained  the  right  of  citi- 
zens ;  but  as  the  power  and  extent  of  the  empire 
increased,  and  the  dignity  of  a  Roman  citizen 
began  to  be  more  regarded,  this  privilege  was  more 
sparingly  conferred. 

The  citizens  were  divided  into  three  tribes,  and 
each  tribe  into  ten  curiae ;  but  the  number  of 
tribes  was  afterwards  augmented  to  thirty-five, 
and  they  were  separately  classed,  in  order  to  dis- 
tinguish between  the  actual  residents  of  the  city 
and  those  subjects  of  the  commonwealth  who 
lived  wholly  without  its  limits. 

The  people  were,  at  first,  only  separated  into 
two  ranks,  the  patrician  and  plebeian;  but  the 
order  of  equites,  or  knights,  was  afterwards  ad- 
ded, and  at  a  still  later  period,  slaves  were  intro- 
duced. The  population  was,  therefore,  composed 
of  four  classes, — patricians,  knights,  plebeians, 
and  slaves. 

The  patrician  order  consisted  of  those  families 
whose  ancestors  had  been  members  of  the  senate 


n 


ROME.  109 

in  the  earliest  periods  of  the  regal  or  consular 
government. 

The  equestrian  order  arose  out  of  an  institution 
ascribed  to  Romulus,  who  is  said  to  have  selected 
one  hundred  young  men  from  each  of  the  tribes, 
to  serve  on  horseback  as  his  personal  guard. 

The  plebeian  order  was  composed  of  the  lowest 
class  of  freemen.  They  were  divided  into  country 
plebeians  and  city  plebeians.  The  latter  consist- 
ed not  only  of  the  poorer  mechanics  and  laborers, 
but  of  a  multitude  of  idlers,  whose  turbulence  was 
a  constant  source  of  disquietude  to  the  govern- 
inent. 

Among  this  degraded  class  arose  seditions  and 
conspiracies;  and  the  final  overthrow  of  the  re- 
public and  the  extinction  of  liberty,  may  be,  to  a 
considerable  extent,  attributed  to  the  increasing 
strength,  and  number,  and  turpitude,  of  this  de- 
scription of  the  plebeians.  This,  however,  can 
be  applied  only  to  the  lowest  class  of  them.  Many 
of  the  most  estimable  citizens  were  to  be  found  in 
that  order,  and  not  a  few  rose  from  it  to  high  offi- 
ces, and  some  to  the  first  dignities  of  the  state. 

Men  became  slaves  by  being  taken  in  war,  by 
being  born  in  a  state  of  servitude,  or  by  being  re- 
duced to  that  condition  as  a  punishment ;  and  they 
were  not  entitled  to  any  privileges  of  freemen,  nor 
considered  as  citizens. 

They  really  possessed  no  political  rights,  and 
were  by  law  rendered- incapable  of  acquiring  prop- 
erty, or  of  giving  evidence  in  a  court  of  justice ; 
and  were  viewed  in  no  other  light  than  the  chattels 
or  property  of  their  masters. 

There  was  a  constant  market  for  slaves  at 
Rome,  and  regular  dealers  in  the  trade  of  selling 
10 


110  ROME — FORM   OF    GOVERNMENT. 

them.  They  were,  usually,  exposed  in  a  state  of 
nudity,  and  wore  a  label  on  the  neck  descriptive 
of  their  qualities,  and  seem  to  have  been  transfer- 
red in  much  the  same  manner  as  cattle. 

Masters  possessed  absolute  power  over  them, 
and  were  authorized  to  put  them  to  death  at 
pleasure, — a  right  often  most  inhumanly  exer- 
cised. The  laws  in  regard  to  them  were  extreme- 
ly harsh  and  rigorous,  and  one  of  them  provided, 
that,  if  a  master  of  a  family  were  slain  in  his  own 
house,  and  the  murderers  were  not  discovered,  all 
his  domestic  slaves  were  liable  to  be  put  to  death. 
Tacitus  records  an  instance  of  four  hundred  hav- 
ing thus  suffered  in  one  family. 

Slaves  were  frequently  liberated  by  their  mas- 
ters, and  at  that  time  their  heads  were  shaved  and 
they  received  a  cap  as  a  badge  of  their  liberty,  of 
which  it  has  become  the  emblem.  They  then  as- 
sumed the  name  of  their  master,  which  they  pre- 
ferred to  their  own,  and  were  ever  after  called  his 
freedmen. 


CHAPTER    XXXV. 

Rome— Form  of  Government, 

Tradition  describes  the  original  constitution  ol 
Rome,  as  having  been  purely  monarchical ;  but  it 
was  essentially  a  military  democracy,  founded  on 
the  rude  basis  of  a  barbarous  horde,  submitting, 
for  their  common  interest,  to  the  dominion  of  one 
chieftain ;  and,  by  encroaching  on  the  neighboring 
states,  enlarging  their  territory  and  their  power, 


ROME — FORM   OF   GOVERNMENT.  Ill 

until  they  acquired  the  consistence  of  a  nation, 
and  assumed  a  regular  form  of  government. 

Romulus  was  first  elected  king  and  supreme 
magistrate  by  the  inhabitants.  Th€  regal  power 
subsisted  for  two  hundred  and  forty- three  years, 
under  seven  kings.  The  last  of  these  was  Tar- 
quin,  who,  with  his  family,  was  expelled  on  ac- 
count of  his  tyranny  and  cruelty. 

The  kings  were  elective,  and  limited  in  their 
power ;  they  could  neither  enact  laws,  nor  make 
war  or  peace,  without  the  concurrence  of  the  sen- 
ate and  people.  Their  badges  were  a  white  robe 
with  stripes  of  purple,  and  fringed  with  the  same 
color,  a  golden  cross,  an  ivory  sceptre,  and  a  cu- 
rule,  or  state  chair. 

The  power  of  the  people  in  Rome  was  elicited 
in  their  public  assemblies.  It  was  theirs  to  enact 
laws,  elect  magistrates,  to  decide  concerning  war 
and  peace,  and  to  try  persons  guilty  of  certain 
heinous  offences.  An  assembly  of  the  whole  Ro- 
man people  was  called  Comitia. 

The  senate  was  the  grand  council  of  the  empire ; 
they  were  also  a  body  of  magistrates  entrusted 
with  the  power  of  putting  the  laws  into  execution. 

The  senators  were  originally  chosen  from  the 
most  distinguished  citizens,  and  their  number  was 
then  confined  to  one  hundred ;  but  it  afterwards 
gradually  extended  to  a  thousand,  and  the  knights 
and  plebeians  were  indiscriminately  admitted. 

The  senate  was  consulted  on  everything  per 
taining  to  the  administration  of  the  state,  except 
the  creation  of  the  magistrates,  the  passing  ot 
laws,  and  the  determination  of  war  and  peace. 
In  many  respects  the  mode  of  debating,  voting, 
and  passing  decrees  in  the  senate,  appears  to  have 


12  ROME — FORM   OF   GOVERNMENT. 

borne  a  strong  similitude  to  the  proceedings  in  the 
British  House  of  Commons.  Each  individual 
gave  his  opinion  in  a  speech  of  any  length  which 
he  chose,  and  the  indulgence  in  this  privilege  fre 
quently  caused  a  decision  to  be  deferred  from  day 
to  day.  Sometimes  long  speeches  were  interrupt 
ed,  as  in  modern  times,  by  the  bustle  and  clamor 
— by  the  "coughing  down" — of  other  senators. 

When  all  had  offered  their  opinions,  either  by 
tacit  assent  or  by  speech,  the  presiding  officer  re- 
ported the  arguments,  and  divided  the  house  to 
tell  the  number  on  each  side  of  the  question,  and 
ascertain  the  majority.  A  decree  was  then  made 
out,  called  '•'■  senatus  consultum^^''  and  referred  to 
the  tribunes  of  the  people  for  their  concurrence  or 
rejection. 

A  magistrate  in  the  Roman  republic,  was  one 
possessed  of  public  authority,  either  civil,  reli- 
gious, or  military ;  so  that  the  same  person  might 
act  as  a  priest  and  a  judge,  regulate  the  police  of 
the  city,  direct  in  the  affairs  of  the  empire,  and 
command  an  army. 

Previous  to  the  election  they  were  called  candi- 
date (clothed  in  white,)  from  the  white  robe  which 
they  wore  while  soliciting  the  votes  of  the  peo- 
ple.    Hence  the  origin  of  the  word  ''  candidateJ'^ 

The  magistrates  called  ordinary,  were  the  con- 
suls, praetors,  censors,  tribunes,  sediles,  and  quaes- 
tors, who  were  created  at  stated  times,  and  were 
constantly  in  the  republic. 

The  extraordinary  magistrates  were  the  dictator 
and  master  of  horse,  the  decemviri,  military  trib- 
unes, and  interrex,  who  were  not  constantly  and 
statedly  elected,  but  arose  out  of  public  disorder 
or  emergency. 

All  magistrates  were  obliged,  within  five  days 


ROME — FORM   OF   GOVERNMENT.  113 

after  entering  on  their  office,  to  swear  that  they 
would  observe  the  laws  of  the  empire ;  and  after 
the  expiration  of  their  office  they  might  be  brought 
to  trial  if  they  had  done  anything  amiss.  No  one 
was  allowed  to  enter  upon  an  office  unless  the 
omens  were  favorable. 

The  laws  of  Rome  were  ordained  by  the  people 
upon  the  application  of  a  magistrate.  The  great 
foundation  of  Roman  law  or  jurisprudence,  was 
that  collection  of  laws  called  the  "laws  of  the 
twelve  tables,"  compiled  by  the  decemviri  and 
ratified  by  the  people, — a  work,  in  the  opinion  of 
Cicero,  superior  to  all  the  libraries  of  philosophers. 

Yet  the  unsettled  state  of  the  Roman  govern^ 
ment,  the  extension  of  the  empire,  the  increase  of 
riches,  and,  consequently,  the  number  of  crimes, 
with  various  other  circumstances,  gave  occasion 
to  a  great  variety  of  new  laws  ;  and  those  ordi- 
nances originally  were  distinguished  by  the  name 
of  the  persons  who  proposed  them,  and  the  sub- 
jects to  which  they  refer. 

The  Roman  punishments  authorized  by  law, 
were  fine,  imprisonment,  and  fetters ;  stripes,  gene- 
rally inflicted  with  rods,  or  the  infliction  of  the 
same  injury  that  had  been  done  to  the  accuser ; 
public  shame  or  penance,  selling  into  slavery,  and 
death. 

There  were  several  ways  of  inflicting  the  last 
upon  criminals  :  they  were  either  beheaded,  stran- 
gled in  prison,  or  thrown  from  the  Tarpeian  rock. 
Slaves  and  the  lowest  order  of  criminals  were 
usually  crucified.  Those  guilty  of  parricide  were 
first  scourged,  then  sewed  into  a  leathern  sack, 
together  with  an  ape,  a  cock,  a  serpent,  and  a 
dog,  and  thrown  into  the  sea  or  a  deep  river. 
10^  8 


CHAPTER  XXXYI. 

Review. 

We  have  now  noticed  the  great  states  and 
empires  of  antiquity,  and  given  some  idea  of  their 
poUtical  institutions.  We  have  seen  that  the  first 
great  empire  of  the  world  was  that  of  Assyria, 
which  began  with  Nimrod,  about  2200  years  be- 
fore Christ,  and  which  continued  till  about  the 
year  538,  when  it  was  swallowed  up  by  Persia. 

Persia  greatly  extended  its  dominion,  and  under 
Cyrus  and  Cambyses,  about  530  years  B.  C,  it 
embraced  Mesopotamia,  Palestine,  Syria,  and 
Egypt.  In  the  year  330,  Persia  was  invaded 
by  Alexander  of  Macedon ;  its  capital  was  taken 
and  its  king  put  to  flight.  The  Greek  dominion 
was  of  short  duration,  for  the  Parthians  soon  con- 
quered Persia,  since  which  period  it  has  ever 
continued  to  be  an  inferior  power. 

Throughout  the  whole  history  of  the  great  an- 
cient empires,  the  government  was  despotic,  the 
kings  claiming  absolute  authority,  even  to  the 
taking  of  life  and  property,  and  the  people  blindly 
and  slavishly  submitting. 

The  political  institutions  of  other  countries  in 
Asia  have  also  been  similar  to  those  of  Persia 
and  Assyria,  excepting  among  the  wandering 
tribes,  v/ho  have  ever  maintained  a  patriarchal 
form  of  government.  China  and  Japan,  two  pop- 
ulous empires,  have  despotic  governments,  and 
both  exclude  foreigners  from  their  dominions,  al- 
lowing them  to  trade  only  at  a  single  port  in  each 
country.     These  two  last,  though  of  great  an- 


r 


REVIEW.  115 

tiquity,  still  continue  to  maintain  their  ancient 
systems  with  little  change. 

The  institutions  of  the  Hebrews,  though  in 
some  respects  similar  to  those  of  most  eastern  na- 
tions, were  in  others  altogether  peculiar,  and  have 
never  been  adopted  by  any  other  nation  of  an- 
cient or  modern  times. 

With  the  exception  of  the  last,  we  see  little  in  the 
governments  of  these  countries  that  is  worthy  of 
our  imitation.  We  learn  from  them,  indeed,  only 
lessons  of  warning.  They  all  show  us  that  coun- 
tries submitting  to  despotic  institutions,  continue 
in  a  state  of  ignorance,  weakness  and  degradation. 

About  1500  years  before  Christ,  the  seeds  of 
learning  and  arts  are  wafted  from  Egypt  to  Greece, 
and  here,  after  five  hundred  years,  they  spring  up 
and  flourish.  It  is  in  Greece  that  the  first  clear 
ideas  of  human  rights,  and  of  human  government 
to  secure  them,  are  disclosed  and  attempted  to  be 
realized.  Here  we  see  a  people  rising  to  a  high 
degree  of  civilization  and  power  through  the  in- 
fluence of  freedom,  yet,  for  the  want  of  a  solid 
basis  of  religion  and  morality  in  society,  finally 
crumbling  to  pieces ;  leaving,  where  a  blaze  of 
light  once  sent  forth  its  illumination  far  and.  wide, 
but  a  ghastly  heap  of  ruins. 

Rome,  borrowing  something  from  Egypt  and 
Greece,  becomes  a  mighty  empire,  swallowing  up 
all  the  great  kingdoms  around  her,  whether  in 
Europe,  Asia,  or  Africa.  She  grows  rich  on  the 
spoils  of  other  nations.  For  a  time  she  feels  the 
fire  of  liberty,  but  this  vanishes  amid  the  corrup- 
tions and  looseness  that  pervade  society;  and, 
finally,  gorged  with  conquest  and  bloated  with 
wealth,  she  becomes  the  prey  of  the  Goths  and 


116  REVIEW. 

Vandals,  that  come  upon  her,  like  locusts,  from 
the  north  of  Europe. 

Though  Greece  and  Rome  have  long  since  de- 
clined, yet  many  of  their  political  institutions  have 
come  down  to  our  times :  of  these  we  have  given 
a  brief  sketch.  There  is  much  in  them  to  admire, 
but  they  show  that  Christianity  was  still  wanting 
to  lay  a  sure  foundation  for  liberty,  in  the  respon- 
sibility of  man  to  clear  and  inflexible  rules  of  jus- 
tice. 

The  great  lights  of  Greece  and  Rome  having 
become  extinct,  the  Arabs,  or  Saracens,  from  the 
seventh  to  the  twelfth  century,  cultivated  litera- 
ture with  success  in  Asia  and  Africa;  but  Eu- 
rope continued,  for  this  whole  period,  in  a  state  of 
ignorance  and  barbarism.  This  is  called  the  dark 
age,  during  which  the  institutions  of  Greece  and 
Rome  were  forgotten,  and  those  of  the  northern 
nations  of  Europe  became  partially  established 
over  this  entire  quarter  of  the  globe. 


The  Feudal  System. 


The  feudal  system,  so  often  noticed  in  history- 
appears  to  have  existed  in  Europe  at  an  early 
date,  among  the  tribes  that  inhabited  Germany. 
These,  like  the  Celts  who  first  settled  France, 
Spain,  Britain,  and  Ireland,  doubtless  came  from 
Asia.  The  period  of  their  first  emigration  may 
have  been,  and  doubtless  was,  1500  or  2000  years 
before  Christ ;  but  tribe  after  tribe  continued  to 
flow  into  Europe,  down  to  the  time  of  Rome's 
final  overthrow  by  the  Goths. 

It  is  probable  that  the  German  tribes  brought 
their  feudal  system  of  government  with  them ;  but 
it  doubtless  became  much  modified  after  its  es- 
tablishment in  Europe.  It  existed  among  the 
Franks,  one  of  those  'tribes ;  and  these,  making 


118  THE   FEUDAL    SYSTEM. 

some  conquests  in  Gaul,  under  their  king,  Phara- 
mond,  about  A.  D.  420,  and  finally  settling  in 
that  country,  established  it  there. 

From  this  period,  the  feudal  system  is  seen  ex- 
tending over  all  parts  of  Europe,  until,  in  the 
course  of  a  few  centuries,  all  the  great  kingdoms 
of  Europe  are  founded  upon  it  as  the  basis  of  their 
political  institutions. 

It  must  be  remembered  that  these  German 
tribes,  as  well  as  the  other  inhabitants  of  Europe, 
were,  at  the  period  of  which  we  treat,  chiefly  ad- 
dicted to  war.  They  had  flocks,  and  sometimes 
settled  down,  for  half  a  century  or  more,  in  one 
spot,  pursuing  agriculture  in  intervals  of  peace. 
But  they  were,  still,  always  looking  out  for  some 
rich  tribe  or  country  which  they  might  plunder. 

In  this  state  of  things  the  people  required  bold 
and  active  leaders ;  those  who  were  fond  of  strife, 
and  capable  of  ensuring  victory  in  their  bloody 
enterprises.  Accordingly,  we  find  them  generally 
under  the  sway  of  kings  whose  character  was 
marked  with  strength  and  courage,  mingled  with 
skill  and  sagacity.  The  sovereigns  were  always 
assisted  by  chiefs,  who  partook  of  the  character- 
istics of  their  leaders. 

When  one  of  these  tribes  conquered  a  country, 
they  divided  the  spoils  among  themselves.  The 
king  took  by  far  the  largest  portion ;  his  chiefs 
took  less,  and  the  common  soldiers  a  still  smaller 
share.  The  lands  were  wholly  taken  by  the  king 
and  his  chiefs,  who  were  called  barons. 

There  was  one  condition  on  which  these  lands 
were  held,  which  constituted  the  chief  feature  of 
the  feudal  system.  A  baron  held  his  land  upon 
condition  that,  when  reqifired  by  his  king,   he 


THE   FEUDAL    SYSTEM.  119 

should  bring  all  his  men,  capable  of  bearing  arms, 
into  his  service.  The  people  were  permitted  to 
cultivate  the  lands  of  the  barons  on  the  condition 
that  they,  too,  should  do  military  as  well  as  other 
service  in  behalf  of  their  liege  lords,  in  case  of 
need. 

The  common  people  were  called  serfs,  and  were 
little  more  than  slaves,  being  completely  subject 
to  the  power  of  their  masters.  They  were,  how- 
ever, permitted  to  live  upon  the  lands  of  the  chiefs, 
and  though  often  treated  with  cruelty,  and  some- 
times suffering  the  most  degrading  outrages,  they 
were  generally  supplied  liberally  with  the  neces- 
saries of  life. 

It  was  about  the  year  480,  that  Clovis  became 
king  of  France,  the  government  being  based  upon 
the  feudal  system.  This  monarchy  continued  to 
increase  in  power,  until  it  became  established,  and 
has  ever  since  been  one  of  the  leading  powers  of 
Europe. 

In  Germany  and  the  north  of  Europe,  kingdoms 
continued  to  be  established  on  a  feudal  basis,  from 
the  fifth  to  the  twelfth  century,  until  at  last  all 
parts  of  this  quarter  of  the  globe  were  subject  to 
feudal  monarchies,  except  Ireland,  Italy,  Greece 
and  Turkey.  In  all  these  latter  countries,  abso- 
lute despotism,  on  the  Asiatic  plan  prevailed,  ex- 
cept in  Ireland,  where  the  people  appear  to  have 
had  something  like  representation  in  the  govern- 
ment. 

About  the  fourteenth  century,  arts  revived  and 
commerce  began  to  flourish  in  Europe.  These  in- 
troduced a  new  era  of  light,  and  the  vassals  of 
the  feudal  lords  at  last  discovered  that  while  they 
were  men,  the  lord  was  himself  nothing  more  than 


120  THE   FEUDAL    SYSTEM. 

a  man.  From  that  period  there  was  a  gradual, 
but  slow  advancement,  toward  political  truth 
and  the  breaking  down  of  feudal  bondage.  This 
progress  was  more  rapid  in  England  than  in  any 
other  country,  but  even  there,  it  crept  with  reluc- 
tant steps ;  for  it  was  the  interest,  and  the  endea- 
vor, of  her  kings  and  priests,  desirous  of  still 
holding  their  sway  over  the  people,  to  prevent 
them  from  discovering  their  rights  and  their  real 
power. 

The  first  settlers  of  America  came  here,  bring- 
ing with  them  the  political  discoveries  which  had 
been  made  in  England ;  having  nothing  to  cloud 
their  minds,  they  soon  enjoyed  the  broad  sunshine 
of  political  liberty,  which  belongs  to  man  as  his 
birthright.  This  glorious  illumination  resulted, 
finally,  in  the  separation  of  the  colonies  from 
England  and  the  independence  of  America.  The 
success  of  our  government  in  making  a  people 
prosperous  and  happy,  has  shaken  down  the 
French  monarchy,  to  be  rebuilt,  indeed,  but  with 
no  feudal  attributes.  It  has  done  much  to  modify 
the  institutions  of  England,  and  to  infuse  prin- 
ciples of  liberty  into  every  other  monarchy  of 
Europe. 


CHAPTER  XXXVII, 

France. 


View  in  Paris. 

Before  I  proceed  to  give  an  account  of  our 
American  government,  it  may  be  well  to  look  a 
little  more  particularly  into  some  of  the  leading 
governments  of  Europe.  We  will  begin  with  that 
of  France. 

This  monarchy  began  with  Pharamond,  who 
led  into  France,  as  has  been  stated,  a  tribe  of 
Franks,  about  420,  who  there  established  them- 
selves. Clovis,  one  of  his  successors,  who  began 
his  reign  in  480,  having  established  his  govern- 
ment and  adopted  Christianity,  is  sometimes  re- 
garded as  the  founder  of  the  kingdom. 
11 


122  FRANCE. 

The  system  of  government  was  entirely  feudal ; 
the  barons  being  held  dependant  upon  the  crown, 
and  the  whole  people  remaining  in  a  state  of  vas- 
salage to  the  barons.  Pepin  the  Short  reduced 
the  petty  kings,  occupying  the  country  beyond  the 
limits  of  the  dominion  of  his  predecessors ;  and  his 
son,  Charlemagne,  who  flourished  about  the  year 
800,  conquered  nearly  the  whole  of  Germany. 

The  successors  of  Charlemagne  did  not  exercise 
dominion  beyond  the  present  limits  of  the  king- 
dom, but  France  was  now  one  of  the  leading 
powers  of  Europe,  and  it  rapidly  advanced  in 
population,  refinement,  and  wealth.  In  the  pro- 
gress of  time,  the  power  of.  the  king  greatly  in- 
creased, while  that  of  the  barons  was  gradually 
reduced.  There  was,  however,  in  this  process, 
little  or  no  advancement  toward  the  enjoyment  of 
liberty  on  the  part  of  the  people. 

Louis  XIV.,  called  the  great,  was  one  of  the 
most  powerful  and  accomplished  sovereigns  of 
France,  and  the  period  of  his  reign  is  esteemed 
the  highest  point  of  glory  in  the  history  of  the 
monarchy.  He  came  to  the  throne  in  1642,  at 
the  age  of  four  years,  and  reigned  73  years. 
His  life  was  divided  between  efforts  for  the  en- 
largement of  his  dominions  by  conquest,  and  de- 
votion to  every  species  of  pomp  and  luxury. 

It  was  this  king  who  built  the  palace  of  Ver- 
sailles, which  was,  and  still  is,  one  of  the  won- 
ders of  human  art.  The  sums  of  money  squan- 
dered upon  this  edifice,  and  the  gardens  and  fur- 
niture attached  to  it,  amounted  to  hundreds  of 
millions  of  dollars  ;  yet  this  palace  is  now  either 
a  burthen,  or  a  useless  appendage  to  the  throne  of 
France.  \  . 


FRANCE.  123 

The  kings  of  this  country  had  been,  hitherto, 
little  less  than  absolute,  and  the  nobility  possessed 
almost  the  wealth  and  power  of  princes.  These 
had  engrossed  nearly  all  the  lands,  except  the 
royal  domains ;  and  the  tenants  of  these  were  still 
but  f  assals,  subject  to  their  despotic  lords,  and 
treated  by  them  almost  with  as  little  feeling  of 
justice  as  if  they  had  been  beasts  of  burthen. 

The  king  exercised  the  most  arbitrary  sway 
over  all  classes  of  the  nation.  He  could  take  the 
lives  of  even  the  greatest  nobles,  if  not  without 
the  form  of  trial,  at  least  without  the  shadow  of 
justice.  He  had  but  to  command  his  ministers  to 
make  out  a  warrant,  and,  signing  his  own  name, 
it  was  sujSicient  to  send  the  proudest  peer  in  the 
realm  to  the  Bastile  or  the  block. 

The  Bastile  was  a  gloomy  castle  in  Paris,  built 
in  1383;  and  perhaps  a  better  idea  of  the  tyranny 
of  the  government  cannot  be  given,  than  by  a 
sketch  of  the  history  of  this  famous  prison.  Per- 
sons were  shut  up  in  this  horrid  dungeon  by  the 
authority  of  lettres  de  cachet;  that  is,  letters  of  ar- 
rest, written  in  the  king's  name,  with  blanks  for 
the  name  of  individuals ;  these  were  filled  up  by 
the  ministers  who  possessed  these  letters. 

Heads  of  families  among  the  nobility,  who 
wished  to  confine  any  member  of  the  family, 
claimed  the  privilege  of  confinement  by  a  leitre  de 
cachet^  and  this  privilege  was  next  claimed  by  the 
ministers  of  government,  to  be  used  for  the  pun- 
ishment of  refractory  servants  and  others. 

It  will  be  easily  conjectured  that  it  was  not 
long  before  unprincipled  ministers  abused  this 
right,  by  imprisoning  worthy  persons,  who,  in  the 
actual  discharge  of  their  dutieii,  had  incurred  the 


124  FRANCE. 

displeasure  of  men  of  power  by  thwarting  their 
interests. 

In  fact,  the  lettres  de  cachet  were  long  the  main 
stay  of  despotism,  and  they  were  used,  not  merely 
by  the  crown,  but  by  many  of  its  satellites.  Men 
were  imprisoned  for  offences  too  trifling  to  be 
registered,  and  remained  thirty  or  forty  years  in 
the  Bastile,  or  even  till  death,  without  any  ex- 
amination being  instituted  into  the  charges  on 
which  they  were  imprisoned. 

A  remarkable  instance  of  this  is  furnished  in 
the  history  of  the  celebrated  "Iron  mask,"  the 
most  singular  prisoner  ever  confined  within  the 
walls  of  the  Bastile ;  in  respect  to  whom,  notwith- 
standing all  the  curiosity  and  conjecture  that  have 
been  employed  to  ascertain  his  quality  and  pedi- 
gree, nothing  authentic  has  transpired  to  the  pres.- 
ent  time.  In  1698  he  was  brought  from  the  island 
of  St.  Marguerite,  by  Monsieur  de  St.  Mars,  the 
newly-appointed  governor  of  the  Bastile.  He  was  ^ 
attended  with  the  greatest  respect,  maintained  a 
sumptuous  table,  and  had  every  possible  indul- 
gence shown  him  until  the  time  of  his  death,  Nov. 
19,  1703. 

This  mysterious  prisoner,  on  his  removal  to  the 
Bastile,  was  carried  in  a  litter,  accompanied  by 
several  men  on  horseback,  who  had  orders  to  put 
him  to  death  if  he  made  the  slightest  attempt  to 
show  his  face,  or  otherwise  discover  himself.  His 
face  was  concealed  with  a  mask  of  black  velvet, 
with  springs  of  steel,  which  were  so  constructed 
that  he  could  eat  without  taking  it  off. 

A  physician  of  the  Bastile,  who  had  often  at- 
tended him,  said  he  had  never  seen  his  face, 
though  he  had  fr^uently  examined  his  tongue, 


^       FRANCE.  125 

and  other  parts  of  his  body ;  but  added,  that  he 
was  admirably  well  made;  that  his  skin  was 
brown,  his  voice  interesting ;  that  he  was  very 
accomplished,  read  much,  played  on  the  guitar, 
and  had  an  exquisite  taste  for  lace  and  fine  linen. 

The  pains  taken  in  his  concealment  show  that 
he  was  a  person  of  considerable  qualify  and  im- 
portance ;  and  from  the  following  circumstances  it 
appears '  singular  that  he  was  never  discovered. 
Whilst  at  St.  Marguerite,  he  one  day  wrote  some- 
thing with  his  knife  on  a  silver  plate,  which  he 
threw  from  the  window  toward  a  boat  lying  near 
the  tower.  A  fisherman  took  up  the  plate  and 
brought  it  to  the  governor,  who,  with  great  aston- 
ishment, asked  the  man  if  he  had  read  the  wri- 
ting, or  showed  it  to  any  one;  and,  although  the 
fisherman  answered  in  the  negative,  he  was  kept 
in  confinement  until  the  governor  was  perfectly 
satisfied,  after  which  he  dismissed  him,  saying, 
*'  It  is  lucky  for  you  that  you  cannot  read ! " 

Th^  Abbe  Papon  says,  ''  In  the  year  1778  I  had 
the  curiosity  to  visit  the  apartment  of  this  unfor- 
tunate prisoner.  It  looks  towards  the  sea.  I 
found  in  the  citadel,  an  officer  in  the  independent 
company  there,  seventy-nine  years  of  age.  He 
told  me  that  his  father  had  often  related  to  him, 
that  a  young  lad,  a  barber,  having  seen  one  day 
something  white  floating  on  the  water,  took  it  up. 
It  was  a  very  fine  shirt,  written  almost  all  over; 
he  carried  it  to  Mons.  de  St.  Mars,  who,  having 
looked  at  some  parts  of  the  writing,  asked  the 
lad,  with  an  appearance  of  anxiety,  if  he  had  not 
had  the  curiosity  to  read  it.  He  answered  him 
he  had  not ;  but,  two  days  afterwards,  the  boy 
was  found  dead  in  his  bed. 
11* 


12^  FRANCE. 

Immediately  after  the  prisoner's  death,  his  ap- 
parel, linen,  clothes,  mattresses,  and  everything 
that  had  been  used  by  him,  were  burnt ;  the  walls 
of  his  room  were  scraped,  the  floor  was  taken  up, 
and  every  precaution  used,  that  no  trace  of  him 
might  be  left  behind. 

When  Hfe  was  on  the  road  from  St.  Marguerite 
to  his  last  residence,  Mons.  de  St.  Mars  was  over- 
heard to  reply  to  a  question  of  the  prisoner  rela- 
tive to  any  design  against  his  life,  *'No,  prince, 
your  life  is  in  safety ;  you  must  only  allow  your- 
self to  be  conducted." 

A  prisoner  told  M.  La  Grange  Chancel,  that  he 
was  lodged,  with  other  prisoners,  in  the  room  im- 
mediately over  this  celebrated  captive,  and  found 
means  of  speaking  to  him  by  the  vents  of  the 
chimney ;  but  he  refused  to  inform  them  who  he 
was,  alleging,  that  it  would  cost  him  his  own  life, 
as  well  as  the  lives  of  those  to  whom  the  secret 
might  be  revealed. 

Various  are  the  conjectures  that  have  been  made 
as  to  who  the  masked  prisoner  was.  Some  have 
said  he  was  the  Duke  de  Beaufort;  others,  the 
Count  de  Vermandois,  a  foreign  minister;  and 
others,  the  Duke  of  Monmouth.  Collateral  facts, 
nevertheless,  demonstrate  that  neither  of  these 
could  have  been  the  person.  Voltaire,  who  has 
expressly  written  on  this  mysterious  affair,  says- 
that  the  secret  was  known  to  Monsieur  de  Cha- 
millard ;  and  that  the  son-in-law  of  that  minister 
conjured  him,  on  his  death-bed,  to  tell  him  the 
name  of  the  man  with  the  mask ;  but  he  replied 
that  it  was  a  state  secret,  which  he  had  sworn 
never  to  divfWge. 

From  the  account  given  in  a  work  published  in 


v 


FRANCE.  127 


Paris,  in  1790,  it  appears  that  this  unfortunate 
person  was,  probably,  the  twin  brother  of  Louis 
XIV.,  born  eight  hours  after  this  monarch,  and 
who  was  the  vmhappy  victim  of  superstition  and 
cruelty.  His  father,  Louis  XIII.,  being  weak 
enough  to  give  credit  to  the  prediction  of  some 
impostors,  that  if  the  queen  should  have  twin 
children,  the  kingdom  would  be  involved  in  civil 
war,  ordered  the  birth  of  this  prince  to  be  kept  a 
profound  secret,  and  had  him  privately  educated 
in  the  country,  as  the  illegitimate  son  of  a  noble- 
man; but  on  the  accession  of  Louis  XIV.,  the 
young  man  gave  indications  of  having  discovered 
his  parentage,  of  which  his  brother  being  inform- 
ed, ordered  him  to  be  imprisoned  for  life,  and  to 
wear  a  mask  in  order  to  prevent  his  being  recog- 
nised. 

At  the  commencement  of  the  French  Revolu- 
tion, the  attention  of  the  public  was  drawn  to  the 
Bastile,  and  in  July,  1789,  the  people  assembled  in 
force,  and  compelled  it  to  surrender.  The  gov- 
ernor was  murdered ;  the  prisoners  were  feasted  in 
Paris,  and  the  whole  edifice  was  finally  demol- 
ished. 

•  M.  Mercier  has  given  an  interesting  account  of 
a  prisoner  who  was  confined  for  some  expressions 
of  disrespect  towards  Louis  XV.  He  was  set  at 
liberty  by  the  ministers  of  Louis  XVI.  He  had 
been  in  confinement  for  47  years,  and  had  borne 
up  against  the  horrors  of  his  prison-house  with  a 
manly  spirit.  His  thin,  white,  and  scattered 
hairs  had  acquired  an  almost  iron  rigidity,  and 
his  body  was  firm  and  compact  as  the  stone  which 
environed  him.  «» 

On  the  day  of  his  liberation,  his  door  was  flung 


128  FRANCE — THE   REVOLUTION. 

wide  open,  and  a  strange  voice  announced  to  him 
his  freedom.  Hardly  comprehending  the  mean- 
ing of  the  words,  he  rose  and  tottered  through  the 
courts  and  halls  of  the  prison,  which  appeared  to 
him  interminable.  His  eyes  by  degrees  became 
accustomed  to  the  light  of  day,  but  the  motion  of 
the  carriage  which  was  to  convey  him  to  his  for- 
mer abode,  appeared  unendurable. 

At  length,  supported  by  a  friendly  arm,  he 
reached  the  street  in  which  he  had  once  resided ; 
but  on  the  spot  formerly  occupied  by  his  house 
stood  a  public  building,  and  nothing  remained  in 
that  quarter  that  he  recognised.  None  of  the  liv- 
ing beings  of  the  vast  city  knew  him ;  his  liberty 
was  a  worthless  gift,  and  he  wept  for  the  solitude 
of  the  dungeon ! 


CHAPTER   XXXVIII. 

France— continued.    The  Reyolution. 

The  history  of  government  in  France,  since  the 
reign  of  Louis  XIV.,  is  a  tale  of  blood,  but  it  is 
full  of  instruction.  The  wars  and  schemes  of  ag- 
grandizement of  this  selfish  king,  had  involved  the 
nation  in  a  weight  of  debt  which  could  only  issue 
in  destruction. 

Louis  the  XVI.  assumed  the  crown  of  Prance, 
in  1774,  under  the  most  unfortunate  auspices. 
He  found  a  court  abandoned  to  the  utmost  extrav- 
agance, and  the  country  loaded  with  an  enormous 
debt.  The  king  convoked  an  assembly  of  the 
Notables^   consisting  of  princes,  deputies  chosen 


PRANCE THE   REVOLUTION.  129 

from  among  the  nobility,  dignified  clergy,  the 
parliaments,  and  the  pays  d^  etat^  or  country  land- 
holders. 

It  was  proposed  to  establish  a  land  tax,  without 
any  exception  in  favor  of  the  nobility  or  clergy. 
This  proposal  being  followed  by  a  general  refusal, 
the  assembly  of  the  notables  was  dissolved,  and 
Necker,  the  minister,  thought  he  could  make  a 
more  advantageous  bargain  with  the  parliaments. 
But  as  the  latter  remonstrated,  and  advanced  the 
opinion  that  the  right  of  imposing  new  taxes  be- 
longed only  to  the  States  General^  the  king  con- 
voked them  in  1789. 

Necker's  indiscreet  measure,  by  which  it  was 
stipulated  that  the  members  of  the  tiers  etat  (the 
third  order)  should  be,  at  least,  equal  to  the  other 
two  orders  conjointly,  threw  the  preponderance 
into  the  scale  of  the  former,  who  did  not  fail  to 
find  many  adherents  in  the  superior  classes.  As 
soon  as  the  deputies  of  the  third  order  had  formed 
themselves  into  a  National  Assembly^  the  other 
orders  were  overruled,  and  the  balance  of  the 
legislative  branches  of  the  government  was  thus 
entirely  destroyed. 

The  storm  of  popular  fury  gathered  and  broke 
rapidly.  The  Bastile  was  taken  and  destroyed  in 
July,  as  stated.  On  the  4th  of  August  the  privi- 
leges of  the  nobility  were  suppressed.  On  the  5th 
of  October,  1789,  the  king,  queen,  and  royal  family 
were  forced  from  Versailles  by  the  mob,  and 
brought  captive  to  the  capital.  However,  the 
monarch  disconcerted  the  schemes  of  his  adversa- 
ries by  a  free  acceptance  of  the  new  constitution, 
which  abolished  the  feudal  system  and  the  titles 
of  nobility. 

9 


130  FRANCE — THE   REVOLUTION. 

The  situation  of  Louis  and  his  family  became 
so  insupportable  under  the  harsh  restraints  which 
were  imposed,  that  they  contrived  to  escape  from 
their  implacable  enemies;  but  the  unfortunate 
monarch,  being  recognised  at  St.  Menehould,  by 
Drouet,  the  postmaster,  was  stopped  at  Varennes, 
constrained  to  return  to  Paris  with  his  family, 
and  to  become  a  mere  prisoner. 

While  the  king  was  preparing  to  surrender  his 
throne  and  life,  the  jacobins  caused  a  decree  to 
be  enacted,  suppressing  the  chasseurs  and  gren- 
adiers, of  whom  they  were  afraid,  as  well  as  the 
staff  of  the  national  guard.  All  the  measures 
which  they  pursued,  till  the  10th  of  August  1792, 
had,  for  their  sole  aim,  the  overthrow  of  the  mon- 
archy. 

On  that  day,  the  Marseillese,  who  had  been  in- 
vited to  Paris  to  form  the  advanced  guard  in  the 
attack  on  the  palace  of  the  Tuilleries,  in  conjunc- 
tion with  the  national  guards,  fired  on  the  devoted 
Swiss  who  composed  the  royal  body-guard,  and 
almost  annihilated  them.  The  king  and  his  fam- 
ily sought  refuge  in  the  assembly  ;  it  was  decreed 
that  they  should  be  imprisoned  in  the  Temple, 
and  they  were  conducted  thither. 

The  national  convention  was  opened  on  the  21st 
of  September,  and,  in  the  first  sitting,  abolished* 
royalty,  and  proclaimed  the  Republic.  The  king 
was  tried  and  condemned,  and  on  the  21st  of  Jan- 
uary, 1793,  he  perished  on  the  scaffold.  The 
last  words  which  his  confessor,  the  Abbe  Edge- 
worth,  addressed  to  him  were,  "  Son  of  St.  Louis, 
ascend  to  heaven  ! " 

Against  the  French  republic,  the  emperor  of 
Austria  and  the  king  of  Prussia  had  already  de- 


Y-RANCE — THE   REVOLUTION.  131 

clared  war ;  and,  on  the  death  of  Louis,  their  ex- 
ample was  followed  by  Great  Britain  and  Holland, 
and  speedily  after  by  Spain  and  Russia.  While 
France  was  pressed  on  all  sides  by  the  different 
powers  of  Europe,  this  unfortunate  country  was  a 
prey  to  all  kinds  of  internal  disorders,  and  to  the 
most  unbounded  licentiousness. 

Robespierre  and  Danton  obtained  a  decree  by 
which  all  the  sans-culottes — the  common  people- 
were  to  be  armed  with  pikes  and  muskets  at  the 
expense  of  the  rich,  who  were  themselves  to  be 
disarmed,  as  suspected  persons.  Towards  the 
close  of  June,  1793,  the  new  constitution  was 
adopted,  and  great  disturbances  broke  out  at 
Lyons,  Marseilles,  and  in  La  Vendee. 

About  this  period  the  Committee  of  Public  Safe- 
ty was  established,  which  proceeded  to  desolate 
France  by  the  most  horrid  butcheries  and  perse- 
cutions. They  apprehended  all  suspected  persons, 
and  tried  them  by  revolutionary  committees,  the 
powers  of  which  were  so  unlimited,  that  they 
could  readily  seize  on  four  fifths  of  the  population 
of  France. 

One  of  their  early  victims  was  the  unhappy 
Marie  Antoinette,  the  widow  of  the  murdered 
Louis.  Her  death  was  followed  by  the  destruc- 
tion of  those  who  belonged  to  a  party  called  Gi- 
rondists. The  infamous  duke  of  Orleans,  a  relative 
of  the  king,  was  brought  up  to  Paris  from  Mar- 
seilles, and,  being  tried  and  condemned,  braved 
the  insults  of  the  multitude  on  the  way  to  execu- 
tion. 

Brittany  and  a  great  part  of  Normandy  being 
filled  with  the  royalists,  who  had  acquired  the 
denomination  of  chotians^  Carrier,  one  of  the  most 


132  FRANCE — THE   REVOLUTION. 

atrocious  monsters  of  the  revolution,  was  sent  lo 
Nantes,  where  he  spared  neither  age  nor  sex,  but 
put  to  death  the  aged,  the  infirm,  and  even  in- 
fants. The  atrocities  committed  by  the  satelUtes 
of  the  convention  in  the  city  of  Lyons,  exceeded 
all  that  can  be  conceived;  at  the  end  of  five 
months,  nearly  6,000  persons  had  perished. 

In  Paris  the  executions  were  now  multiplied  to 
such  a  degree  that  eighty  persons  were  frequently 
conveyed  in  the  same  vehicle  to  the  place  where 
they  suffered.  To  cite  the  names  of  all  the  illus- 
trious victims  who  fell,  would  far  exceed  our  lim- 
its, and,  at  the  same  time,  present  too  horrid  a 
picture  of  human  depravity.  At  length  Robes- 
pierre, Couthon,  and  St.  Just,  the  leaders  in  these 
murders,  were  themselves  brought  to  condign 
punishment. 

A  form  of  government  was  afterwards  settled 
by  the  convention ;  and  a  council  of  ancients,  a 
council  of  five  hundred,  and  five  rulers,  called  a 
directory,  were  appointed;  but  the  other  powers 
of  Europe  being  still  in  league  against  France, 
and  the  new  government  being  unfortunate  in  the 
field,  the  executive  power  was,  in  1799,  vested  in 
three  consuls,  of  whom  the  first  was  the  victorious 
Napoleon  Buonaparte. 

It  is  not  necessary  to  trace  the  history  of  this 
remarkable  individual.  It  is  sufficient  to  say  that 
he  soon  overturned  the  government  that  had  risen 
upon  the  wreck  of  the  monarchy,  and  established 
a  military  despotism,  of  which  he  became  the 
head.  He  was  crowned  emperor  in  1808,  and, 
from  this  period,  devoted  himself  with  amazing 
energy  to  the  formation  of  a  system  of  laws,  the 
improvement  of  roads,  and  other  internal  improve- 


FRANCE — THE    REVOLUTION.  133 

ments ;  the  extension  of  commerce  and  manufac- 
tures, and  to  foreign  conquest.  In  all  these  he 
w^s  generally  successful,  till,  having  been  defeat- 
ed in  an  invasion  of  Russia,  he  was  driven  back 
to  France,  and  after  various  events  was  finally 
defeated  at  Waterloo,  in  1815. 

Louis  XVIII.,  brother  of  Louis  XVI.,  was  re- 
stored to  the  throne  of  his  family ;  but  in  1825  he 
died,  and  was  succeeded  by  his  brother,  Charles  X. 
The  misfortunes  of  the  Bourbons  had  not  taught 
them  wisdom;  and  Charles,  fancying  that  he  could 
exercise  tyranny  as  his  father  had  done,  caused 
an  edict  to  be  issued  restraining  the  liberty  of  the 
press. 

An  insurrection  immediately  broke  out,  and  in 
three  glorious  days  a  revolution  was  achieved. 
Charles  fled  to  England,  and  Louis  Philippe,  duke 
of  Orleans,  was  chosen  king.  A  charter,  or  con- 
stitution, was  formed,  and  is  now  the  basis  of  the 
government.  The  crown  is  hereditary,  but  its 
power  is  limited  by  a  parliament  consisting  of  a 
house  of  commons,  chosen  by  the  people,  and  a 
house  of  lords,  consisting  of  peers,  whose  titles 
continue  only  during  their  lives. 

This  recent  history  of  France  is  full  of  instruc- 
tion. It  shows  that  tyranny,  carried  to  a  certain 
point,  is  sure  to  bring  those  who  exercise  it  to 
destruction,  while  it  involves  whole  nations  in 
unutterable  miseries. 

The  French  revolution  was  the  necessary  result 
of  the  accumulated  wrongs  which  the  nation  had 
suffered  for  ages  from  their  rulers.  The  people 
by  one  act  hurled  the  monarchy  to  the  earth ;  but, 
unaccustomed  to  self-government,  themselves  vi- 
cious and  corrupt,  they  became  the  dupes  of  other 
12  * 


134  FRANCE — THE  REVOLUTION. 

despots,  even  more  monstrous  than  those  who 
claimed  to  rule  by  divine  right. 

In  the  midst  of  anarchy  and  confusion,  one 
mighty  hand  seizes  upon  the  reins  of  government, 
and  calling  to  his  aid  the  force  of  the  bayonet, 
subjects  the  whole  country  to  his  sway.  His 
grasping  ambition  arouses  the  nations,  and  he, 
too,  is  prostrated,  like  a  pyramid  hurled  into 
atoms,  and  levelled  with  the  dust. 

The  ancient  monarchy  is  now  restored.  Again 
the  king  resorts  to  an  act  of  tyranny,  and  again 
the  tempest  of  revolution  bursts  upon  the  people. 
But,  amid  all  this  confusion,  something  has  been 
learned.  Some  progress  has  been  made  in  the  ed- 
ucation of  the  people  in  the  art  of  self-government, 
and  now  they  are  able  to  secure  the  advantages 
of  their  triumph  over  a  despotic  ruler.  The  result 
of  this  second  revolution  in  France,  was  the  se- 
curing of  a  charter,  or  a  constitution,  which  is  a 
barrier  to  the  power  of  the  crown,  and  a  protec- 
tion to  the  liberties  of  the  people.  Thus  the  gov- 
ernment of  France  has  become  a  limited,  or  con- 
stitutional, monarchy,  instead  of  a  despotic  one, 
as  it  was,  in  effect,  down  to  the  time  of  Louis 
XVI. 

The  lower  house,  in  the  legislative  branch,  is 
called  the  Chamber  of  Deputies ;  the  upper  house, 
the  Chamber  of  Peers.  The  peers  are  nominated 
by  the  king.  Thq  whole  number  of  persons  who 
vote  for  deputies,  is  but  about  130,000.  The  forms 
and  modes  of  proceeding  in  the  French  parliament, 
are  similar  to  those  in  the  British  parliament. 


CHAPTER   XXXIX. 

Kingdom  of  Great  Britain  and  Ireland. 


Tower  of  London. 

The  political  history  of  Great  Britain  is  worthy 
of  the  most  attentive  perusal ;  for  here  we  shall 
see  the  best  delineations  of  the  struggles  of  man- 
kind for  liberty,  to  be  found  in  the  records  of  the 
human  family.  Here  we  shall  also  find  the  germs 
of  our  own  political  institutions ;  and  seeing  how 
mighty  has  been  the  cost  at  which  freedom  has 
been  discovered  and  vindicated,  we  shall  learn  to 
appreciate  the  blessings  we  enjoy. 

The  first  knowledge  of  Britain  appears  to  have 
been  acquired  in  the  time  of  Caesar,  who  partially 
conquered  the  country  about  fifty  years  before 
Christ.  Succeeding  generals  completed  this  con- 
quest, and  it  became  a  Roman  province. 


136  GREAT    BRITAIN   AND    IRELAND. 

Rome  held  possession  of  the  country  till  about 
A..  D.  450,  when  she  was  herself  prostrated  by 
the  Goths  and  Vandals.  During  this  period  she 
had  partially  civilized  the  Britons,  who,  like  the 
Gauls,  were  Celts,  living  in  a  nearly  savage  state. 
No  longer  protected  by  the  Romans,  Britain  fell  a 
prey  to  the  Danes,  and  afterwards  to  the  Saxons, 
who  established  their  dominion  in  the  country. 

During  these  events,  the  population  of  England 
became  a  mixture  of  the  original  Britons,  Romans, 
Danes  and  Saxons,  though  the  last  constitute  by 
far  the  largest  ingredient.  Alfred  the  great,  of 
the  Saxon  line,  may  be  regarded  as  the  founder  of 
the  English  monarchy,  and  as  the  author  of  many 
of  its  best  institutions. 

He  was  the  youngest  son  of  Ethelwolf,  king  of 
the  west  Saxons,  and  was  born  at  Wantage,  in 
Berkshire.  He  went  to  Rome  at  the  age  of  five 
years,  and  was  anointed  by  the  pope,  although  he 
then  had  an  elder  brother.  However,  in  872  he 
ascended  the  throne. 

This  was  an  unpropitious  time,  for  the  power 
of  the  Danes  was  then  great  and  employed  in  har- 
assing the  Saxons,  whose  country  they  ravaged 
in  variovis  directions.  Alfred  concluded  some 
treaties  with  them,  but  they  were  not  kept ;  and, 
unable  to  make  head  against  the  invaders,  he  was 
compielled  to  fly,  and  in  concealment  to  await  a 
moment  when  his  re-appearance  would  be  advan- 
tageous for  his  country. 

In  the  disguise  of  a  harper  he  penetrated  the 
Danish  camp,  to  gain  information  of  the  strength 
of  his  foes,  and,  having  satisfied  himself,  directed 
his  nobles  and  their  vassals  to  assemble  at  Sel- 
wood.     Here  he  headed  the  troops,  and  attacking 


GREAT   BRITAIN   AND   IRELAND.  137 

the  Danes  at  Eddington,  gained  a  signal  victory. 
He  permitted  those  Danes  who  were  wiUing  to 
embrace  the  Christian  religion,  to  remain  in  the 
kingdom  of  East  AngUa,  which  he  surrendered  to 
them. 

He  built  forts  to  secure  his  subjects,  augmented 
and  strengthened  his  navy,  and  estabhshed  the 
prosperity  of  London  on  a  firm  basis.  He  met 
and  defeated  the  Danes,  who  still  persisted  in  at- 
tempting to  obtain  footing  in  England,  and  made 
his  name  a  terror  to  the  pirates ;  he  fought  fifty- 
six  battles  by  sea  and  land,  in  every  one  of  which 
he  was  personally  engaged. 

His  zeal  for  the  reformation  of  laws  and  man- 
ners, is  as  honorable  to  him  as  his  military  prow- 
ess. He  composed  a  code  of  laws,  instituted  the 
triaj  by  jury,  and  divided  England  into  shires  and 
tithings.  So  successful  were  his  regulations  that 
it  is  said  the  crime  of  robbery  was  unknown,  and 
the  most  valuable  goods  might  be  exposed  upon 
the  highway,  without  any  dread  of  thieves.  Al- 
fred formed  a  parliament,  which  met  at  London 
semi-annually. 

He  was  an  ardent  lover  of  learning,  and  was 
himself  a  distinguished  scholar.  To  promote  it^ 
he  invited  learned  men  from  all  parts,  and  estab- 
lished schools  throughout  his  kingdom.  He  is 
said  to  have  been  the  founder  of  the  University  of 
Oxford,  or,  at  least,  to  have  exalted  it  to  a. height 
which  it  had  never  before  attained.  He  composed 
several  works,  and  translated  others  for  the  benefit 
of  his  subjects. 

He  was  industrious  and  fond  of  order,  dividing 
the  twenty-four  hours  into  three  portions  ;  one  de- 
voted to  religious  duties,  another  to  public  afiairs. 
12=*  * 


138  GREAT    BRITAIN   AND    IRELAND. 

and  the  third,  to  rest.  Alfred  laid  the  foundation 
of  the  navy  of  England,  by  building  galleys  of  a 
size  superior  to  any  others  of  the  age.  In  private 
life  he  was  distinguished  by  piety,  affability,  and 
cheerfulness.  His  person  was  commanding  and 
stately. 

William,  duke  of  Normandy,  laid  claim  to  the 
crown  of  England  in  1066.  Landing  with  an 
army  he  triumphed  in  the  famous  battle  of  Hast- 
ings, and  was  seated  upon  the  throne,  thus  estab- 
lishing a  dynasty  of  French  kings.  He  brought 
with  him  many  French  nobles,  and  encouraged 
others  to  settle  in  the  country.  He  also  adopted 
the  French  language  as  that  of  the  court,  the  gov- 
ernment, and  the  bar.  Thus  French  manners 
became  grafted  upon  those  of  the  English ;  and  the 
English  tongue  received  that  infusion  of  Frq^ich 
words  and  idioms  which  appear  to  the  .present 
day. 


CHAPTER  XL. 

England— Continued. 

John  came  to  the  throne  1199.  He  was  a  de- 
testable tyrant,  and  even  the  barons,  usually  the 
supporters  of  the  crown,  right  or  wrong,  united 
against  him.  Tired  out  with  his  exactions  and 
his  \veaknesses,  they  called  on  him  to  sign  a  paper, 
securing  certain  rights  and  privileges  to  them- 
selves and  the  people. 

This  John  refused  to  do,  but  at  last,  finding 
himself  abandoned  by  everybody,  and  in  a  most- 


ENGLAND  139 

desolate  condition,  he  sent  the  earl  of  Pembroke, 
a  nobleman  distinguished  for  virtue  and  abiUty, 
to  propose  a  conference  with  the  barons.  A  meet- 
mg  accordingly  took  place  on  Friday,  the  15th  of 
June,  1215,  in  a  large  meadow  between  Windsor 
and  Staines,  called  Runnymede,  which  means  the 
meadow  of  council.  This  was  so  called  because 
it  had  been  used  by  the  Saxons  as  a  place  for 
public  meetings.  At  this  meeting  was  signed  the 
famous  Magna  Charta. 

The  charter  itself  is  in  Latin.  The  reader 
would  hardly  care  to  see  the  whole,  but  I  will 
give  some  brief  particulars  respecting  it.  It  must 
be  borne  in  mind  that,  under  the  feudal  system, 
the  power  of  the  kings  was  very  oppressive,  and 
had  become  more  and  more  so,  till  no  subject 
could  act  in  the  commonest  affairs  of  life  without 
the  king's  consent,  and  this  could  be  obtained  only 
for  money. 

We  may  suppose  the  sort  of  interference  the 
king  had  in  every  person's  concerns,  when  we  are 
told  that  nobody  could  marry  without  his  consent ; 
and  that  he  could  oblige  heiresses  to  marry  whom 
he  liked ;  and  even  widows,  who  often  paid  fines 
to  save  themselves  from  being  compelled  to  marry 
again. 

We  read  of  a  countess  of  Chester  who  paid  king 
Stephen  five  hundred  marks,  that  shp  might  not 
be  obliged  to  marry  again  for  five  years ;  and  of  a 
countess  of  Warwick  who  paid  king  John  five 
hundred  marks,  that  she  might  not  be  obliged  to 
marry  till  she  pleased.  Justice  of  every  kind  was 
bought  and  sold,  like  any  other  commodity. 

The  object  of  the  magna  charta  was  to  put  a 
stop  to  these  fines  and  oppressions.     It  contained 


140  ENGLAND. 

sixty-three  different  clauses;  and  when  I  have 
told  what  a  few  of  them  were,  the  reader  will 
easily  comprehend  the  degree  of  vexatious  tyranny 
the  kings  had  heen  accustomed  to  exercise  over  the 
people,  and  which  alone  could  make  such  clauses 
necessary. 

The  following  are  examples :  That  the  goods  of 
every  free  man  shall  be  disposed  of,  after  his  death, 
according  to  his  will ;  that,  if  he  die  without  mak- 
ing a  will,  his  children  shall  succeed  to  his  prop- 
erty :  that  no  officer  of  the  crown  shall  take  horses, 
carts,  or  wood,  without  the  consent  of  the  owner : 
that  no  free  man  shall  be  imprisoned,  outlawed,  or 
banished,  unless  by  the  judgment  of  his  peers,  or 
the  law  of  the  land  :  that  even  a  rustic  shall  not, 
by  any  fine,  be  bereaved  of  his  carts,  ploughs,  and 
implements  of  husbandry.  This  last  was  the  only 
article  in  that  great  charter  for  the  protection  of 
the  laboring  people !  The  invidious  word  "even,'* 
shows,  plainly,  how  little  they  were  considered  or 
thought  of  at  that  period. 

From  the  time  of  John,  England  continued  to 
make  slow,  but  certain  advances  in  civilization, 
and  in  the  art  of  government.  But  still  the  feu- 
dal system  continued  to  exist,  modified  and  soft- 
ened, though  in  a  high  degree  oppressive.  The 
power  of  the  king  and  the  privileges  of  the  nobles, 
swallowed  up  the  rights  of  the  nation. 

But  there  was  a  point  beyond  which  the  people 
of  England  would  not  now  endure  oppression; 
and  in  1649,  Charles  I.  was  brought  to  the  block. 
The  government  was  seized  upon  by  the  strong 
hand  of  Oliver  Cromwell,  who,  by  a  singular 
mixture  of  hypocrisy  and  wisdom,  had  acquired 
great  infltience  over  the  nation.     For  several  years 


PRESENT    STATE    OF    THE   BRITISH   EMPIRE.       141 

he  ruled  the  country  with  the  title  of  Protector,  but 
with  the  despotism  of  a  king.  It  is  to  be  remark- 
ed, however,  that  his  public  policy  had  for  its  end 
the  prosperity  of  the  nation ;  and  England  cannot 
boast  a  sovereign  whose  rule  has  redounded 
more  to  the  benefit  of  the  country,  than  that  of  the 
usurper,  Cromwell. 

Charles  II.  was  restored  in  1660;  and  since 
that  time,  under  -farious  sovereigns,  Great  Britain 
has  continued  to  advance  in  power,  and  may  now 
be  considered  the  most  formidable  kingdom  upon 
the  globe.  If,  indeed,  we  look  to  the  high  pitch 
of  civilization  to  which  she  has  attained,  the  ex- 
tent of  her  navy  and  her  armies,  her  means  of 
carrying  on  war,  her  influence  in  the  councils  of 
nations,  her  commerce  and  her  vast  possessions, 
we  must  admit  that  the  world  has  never  before  pre- 
sented such  a  spectacle  of  political  greatness,  in 
a  single  nation,  of  either  ancient  or  modern  times. 


CHAPTER  XLI. 

Present  State  of  the  British  Empire.' 

The  British  empire  embraces  not  only  England, 
Ireland,  and  Scotland,  which  constitute  what  is 
called  the  home  country,  but  a  range  of  colonies 
and  dependencies  in  all  quarters  of  the  globe. 

England  may  be  considered  the  central  and 
principal  portion  of  the  empire.  United  to  Wales 
it  contains  fifty-two  counties,  and  a  population  of 
about  fourteen  millions.  Scotland,  which  was 
incorporated  with  England  in  1707,  contains  thirty- 


142       PRESENT   STATE   OF   THE   BRITISH   EMPIRE. 

three  counties,  and  a  population  of  about  two  and 
a  half  millions.  Ireland,  which  was  conquered  by 
the  English  at  an  early  period,  but  not  united 
under  the  same  legislative  system  till  1800,  con- 
tains thirty-two  counties,  and  a  population  of  nine 
millions. 

The  oldest  existing  colonies  of  Britain  are  those 
of  the  West  Indies,  chiefly  consisting  of  a  series 
of  islands  stretching  across  the»  Great  Bay  which 
nearly  divides  North  from  South  America.  Ja- 
maica, the  largest  and  most  important  of  these 
islands,  contains  about  four  hundred  thousand  in- 
habitants, of  which  only  about  thirty-seven  thou- 
sand are  white  people ;  the  rest  being  negroes,  the 
most  of  whom  were  originally  slave  laborers. 
Barbadoes,  Trinidad,  and  the  other  West  India 
colonies,  are  less  populous ;  the  full  amount  being, 
in  each  case,  divided  in  about  the  same  propor- 
tions between  blacks  and  whites. 

Half  a  million  of  square  miles  of  the  peninsula 
of  Hindostan,  containing  a  population  of  a  hun- 
dred millions,  have,  in  the  course  of  the  last  cen- 
tury and  the  present,  fallen  under  the  power  of 
the  association  of  English  merchants,  called  the 
East  India  Company,  who,  by  virtue  of  a  charter 
from  the  government,  administer  the  afliairs  of  the 
natives,  in  whose  revenue  they  enjoy  a  source  of 
vast  wealth.  A  still  larger  portion  of  Hindostan 
is  under  the  protection,  but  not  the  direct  govern- 
ment, of  the  company. 

Goods  to  the  value  of  four  millions  of  pounds 
are  annually  exported  from  Britain  to  the  East 
Indies;  while  goods  to  the  value  of  above  six 
millions  of  pounds  are  imported  from  the  East 
Indies  to  Britain.     A  revenue  of  above  twenty- 


PRESENT    STATE   OF    THE   BRITISH   EMPIRE.        143 

two  millions  of  pounds  is  annually  drawn  from 
that  country.  A  dependency  of  so  much  territorial 
value,  so  numerous  a  population,  and  so  large  a 
revenue,  was  never  before  possessed  by  any  coun- 
try. It  is,  perhaps,  a  question,  whether  the  pros- 
perity and  happiness  of  the  people  have  been 
greatly  advanced  by  their  British  rulers. 

Next  in  importance  and  antiquity  among  the 
British  dependencies,  are  the  two  provinces  of 
Upper  and  Lower  Canada,  and  the  colonies  of 
Nova  Scotia,  Cape  Breton,  Prince  Edward's  Isl- 
and, Newfoundland  and  New  Brunswick ;  all  of 
which  form  portions  of  North  America.  These 
colonies  are  chiefly  occupied  by  British  emigrants 
and  their  descendants ;  the  total  population  being 
somewhat  more  than  a  million,  and  rapidly  in- 
creasing. 

In  New  South  Wales,  Van  Dieman's  Land,  and 
other  Australian  colonies,  Britain  possesses  a  mil- 
lion and  ahalf  of  square  miles,  occupied  by  a  white 
population  of  about  fifty  thousand.  At  the  Cape 
of  Good  Hope  and  other  possessions  in  Africa,  she 
has  ninety  thousand  square  miles,  and  a  hundred 
and  fifty  thousand  inhabitants.  In  the  Mauritius, 
an  island  in  the  Indian  Ocean,  formerly  a  slave 
colony,  there  is  a  population  of  a  hundred  thou- 
sand, mostly  negroes.  The  Ionian  Islands,  Malta, 
and  Gibraltar,  in  the  Mediterranean,  and  the  small 
islands  of  Ascension  and  St.  Helena,  in  the  Atlan- 
tic Ocean,  complete  the  sum  of  the  British  foreign 
possessions.  ^ 

The  importance  attained  by  the  British  in  the 
scale  of  nations,  appears  to  depend  mainly  upon 
two  features  of  the  national  character — their  intel- 
lectual and  moral  advancement,  and  their  extraor- 


144  GOVERNMENT    OF    GREAT    BRITAIN. 

dinary  industry  and  skill  in  producing  articles  of 
necessity  and  luxury,  as  well  as  their  dexterity  in 
the  commerce  by  which  these  are  diffused  ovei 
the  world.  The  genuine  British  character,  taken 
all  in  all,  is  one  of  probity,  intelligence  and  ac- 
tivity, and  is  adapted  to  the  attainment  of  suprem- 
acy and  the  establishment  of  good  institutions. 


CHAPTER  XLII. 

Government  of  Great  Britain. 


The  government  of  this  large,  and  industriotis, 
and  wealthy  kingdom,  is  conducted  according  to 
the  forms  and  principles  which  have  come  into 
operation  in  the  course  of  the  events  already 
alluded  to. 


GOVERNMENT    OF    GREAT   BRITAIN.  145 

The  Executive — that  is,  the  powers  by  which 
the  laws  are  enforced — is  entrusted  by  the  nation 
to  an  hereditary  monarch. 

The  Legislature — that  is,  the  power  by  which 
the  laws  are  created — consists  of  three  distinct  but 
combined  powers:  1,  a  House  of  Commons^  com- 
posed of  six  hundred  and  fifty-eight  gentlemen, 
elected  by  certain  portions  of  the  people;  2,  a 
House  of  Peers^  composed  of  the  hereditary  nobles 
of  England,  the  English  archbishops  and  bishops, 
a  certain  number  of  lords  representing  the  Scottish 
and  Irish  peerage,  and  a  certain  number  ef  spirit- 
ual lords  representing  the  Irish  hierarchy;  and 
finally,  3,  the  K'mg. 

The  House  of  Commons  and  Peers,  otherwise 
styled  the  lower  and  upper  houses,  form  a  com- 
pound deliberative  body,  called  Parliament,  which 
is  liable  to  be  called  together,  and  prorogued  or 
dissolved  at  the  king's  pleasure. 

These  law-making  and  law-executing  powers 
combine,  in  one  system,  called  the  British  Con- 
stitution, a  variety  of  political  principles,  which  are 
usually  found  acting  singly.  The  House  of  Com- 
mons, as  a  partial  representation  of  the  people,  may 
be  said  to  be  founded  on  the  principles  of  democracy ; 
or  people  sovereignty.  The  House  of  Peers,  which 
is  independent  of  direct  popular  control,  presents 
the  principle  of  aristocracy,  or  noble  sovereignty, 
while  the  king  contributes  the  monarchical  princi- 
ple, or  sovereignty  of  one. 

It  must  be  allowed,  in  explanation  of  a  system 
so  extraordinary,  that  the  particular  portions  of  the 
constitution  have  not  always  borne  the  same  rela- 
tive power,  and  that  principles  naturally  so  incon- 
sistent, could  never  perhaps  have  been  combined 
13  10 


146  GOVERNMENT   OF    GREAT   BRITAIN. 

at  all,  except  by  a  process  extending  over  many 
ages,  and  which  has,  on  the  whole,  secured  the 
sanction  of  the  people. 

In  early  times,  the  king  possessed  the  chief  influ- 
ence, while  the  parliament,  in  general,  was  rather 
an  obsequious  council  of  the  sovereign,  than  an 
independent  body.  At  the  revolution  of  1688,  the 
strength  of  the  monarchy  was  diminished  by  a 
breach  of  the  hereditary  line,  and  the  Parliament 
became  the  predominant  power.  As  the  nobility 
and  superior  gentry  had  then  the  chief  influence 
in  both  nouses  of  Parliament,  it  might  be  said  that 
the  aristocratic  principle  -had  become  ascendent. 

It  continued  to  be  so,  till  the  passing  of  the  reform 
bill,  in  1832,  when,  the  power  of  electing  the  ma- 
jority of  the  House  of  Commons  being  extended  to 
the  middle  classes  of  the  people,  the  democratic 
principle  was,  for  the  first  time,  brought  into  a 
considerable  degree  of  force. 

The  House  of  Commons  is  composed  of  four 
hundred  and  seventy-one  members  for  England, 
of  whom  three  hundred  and  twenty-four  are  for 
boroughs,  one  hundred  and  forty-three  for  counties, 
and  four  for  universities;  twenty-nine  members 
•  for  Wales,  of  whom  fourteen  are  for  boroughs,  and 
fifteen  for  counties;  one  hundred  and  five  for 
Ireland,  of  whom  thirty-nine  are  for  boroughs, 
sixty-four  for  counties,  and  two  for  the  Dublin 
university;  and  fifty-three  for  Scotland,  of  whom 
twenty-three  are  for  cities  and  boroughs,  and  thirty 
for  counties :  six  hundred  and  fifty-eight  in  all. 

The  constituency,  that  is  the  body  of  voters  by 
which  the  members  are  elected,  is  about  twelve 
hundred  thousand  in  mimber,  or  one  twentieth  of 
the  whole  population.     The  qualifications  of  an 


GOVEKNMENT    OF   GREAT   BRITAIN.  147 

elector  in  counties,  are  the  having  been  entitled  to 
vote  on  a  freehold  qualification  before  the  passing 
of  the  reform  act ;  the  holding  land  in  copyhold  of 
the  clear  annual  value  of  ten  pounds ;  the  possess- 
ing land  or  houses  of  ten  pounds  annual  value  in 
property;  or  on  a  lease  of  not  less  than  sixty  years 
in  England,  and  fifty-seven  in  Scotland ;  and  the 
occupation  of  lands  or  tenements  in  England  for 
any  period,  and  in  Scotland  for  nineteen  years,  at 
an  annual  rent  of  not  less  than  fifty  pounds. 

The  qualification  of  an  elector  in  boroughs,  is  the 
occupation  of  a  house  of  ten  pounds  annual  rent; 
the  resident  freemen  in  English  and  Irish  boroughs 
being  also  allowed  to  vote.  The  utmost  duration 
to  which  a  Parliament  can  extend  is  seven  years ; 
and  a  new  House  of  Commons  must  be  elected 
within  six  months  after  the  commencement  of  every 
new  reign.  The  king,  however,  frequently  exerci- 
ses his  prerogative  in  dissolving  Parliament  a  con- 
siderable time  before  the  expiration  of  the  full  period 
allowed  to  it  by  law. 

The  House  of  Lords  consisted,  in  1833,  of  four 
hundred  and  twenty-six  lords,  of  whom  four  were 
dukes  of  the  blood-royal,  three  archbishops,  twenty- 
one  dukes  of  English  title,  nineteen  marquises, 
one  hundred  and  nine  earls,  eighteen  viscounts, 
twenty-seven  bishops,  one  hundred  and  eighty-one 
barons,  sixteen  Scottish  peers,  and  twenty-eight 
[rish  peers.  The  king  possesses  the  power  of 
creating  peers,  and  of  nominating  the  bishops. 
The  Scottish  representative  peers  are  elected  by 
the  whole  body  of  the  peerage  of  that  country,  at 
the  commencement  of  every  new  Parliament,  or  on 
the  occurrence  of  a  vacancy;  the  Irish  representa- 
tive peers  are  elected  also  by  the  whole  body  of  the 


148  GOVERNMENT    OF    GREAT   BRITAIN. 

peerage  of  their  country,  but  for  life.  The  Irish 
spiritual  peers  sit  in  rotation. 

The  king  is  not  only  at  the  head  of  the  executive; 
he  is  also  the  head  of  the  church,  the  commander 
of  the  army,  the  dispenser  of  all  titles  of  honor,  and 
even,  by  a  fiction  of  the  law,  the  person  of  whom 
all  the  landed  property  in  his  dominions  is  held. 
The  queen  has  the  same  power  as  a  king. 

In  the  right  of  appointing  the  bishops,  the  judges, 
the  lords  lieutenant,  and  justices  of  peace  of  counties, 
the  officers  of  the  army  and  navy,  and  many  officers 
and  public  servants,  the  king  possesses  a  large 
amount  of  patronage,  which  conduces,  in  no  small 
degree,  to  the  maintenance  of  his  authority.  He 
has  also  the  sole  right  of  declaring  peace  or  war, 
though,  in  the  latter  instance,  he  is  effectually 
controlled  by  the  House  of  Commons,  which  may 
give  or  withhold  the  requisite  funds,  as  it  sees 
proper. 

Out  of  respect  for  the  hereditary  principle  and 
the  royal  character,  it  is  held  that  the  king  cannot 
of  himself  do  any  wrong,  or  be  personally  called  to 
account  for  his  actions.  The  responsibility  for  the 
performance  of  his  functions  rests  with  a  body  of 
servants  chosen  by  himself,  and'  designated  his 
mifiisierSj  who  cannot  continue  in  that  character 
without  the  approbation  of  parliament,  and  are 
liable  to  be  impeached  by  that  body  if  they  commit 
any  grievous  error. 

Twelve  of  these  officers,  named  the  First  Lord 
of  the  Treasury,  the  Lord  Chancellor,  the  Lord 
Privy  Seal,  the  President  of  the  Council,  the  Sec- 
retary of  State  for  the  Home  Department,  the 
Secretary  of  State  for  the  Foreign  Department, 
the  Secretary  of  State  for  the  Colonies,  the  Chan- 


LEGISLATURE   AND  JtJDIClARY.  149 

cellor  of  the  Exchequer,  the  First  Lord  of  the 
Admiralty,  the  Master-General  of  the  Ordnance, 
the  President  of  the  Board  of  Control,  and  the 
Chancellor  of  the  Duchy  of  Lancaster,  usually 
constitute  what  is  called  the  Cabinet  Council^  or 
Council  of  the  King's  Cabinet,  to  deliberate  upon 
all  matters  of  importance. 

Besides  this  body,  the  king  has  a  Privy  Council^ 
consisting  of  persons  eminent  from  rank,  office,  or 
personal  character,  who  may  be  at  variance  with 
the  Cabinet  Council,  but  take  no  share  in  the 
government,  except  when  summoned  by  the  royal 
authority.  They  are  then  in  the  same  situation 
with  the  Cabinet  Ministers,  and  responsible  for  the 
advice  they  give. 


CHAPTER   XLIII. 

Legislature  and  Judiciary  of  Great  Britain. 

The  two  houses  of  Parliament  usually  sit,  during 
a  considerable  portion  of  every  year,  in  deliberation 
upon  the  affairs  of  the  country,  and  for  the  enact- 
ment of  new,  or  the  repeal  of  old  laws.  Any 
member  of  either  house  may  propose  a  new  law ; 
but  this  duty  is  chiefly  undertaken  by  the  king's 
ministers,  and  it  is  in  the  lower  house,  that  new 
laws  are  usually  proposed. 

When  a  proposed  law  has  been  introduced  in 
the  shape  of  a  bill,  and  sanctioned  in  one  house, 
it  passes  on  to  the  other,  which  may  receive,  reject, 
or  modify  it.  If  it  passes  both,  it  is  submitted  to 
the  king,  who  may  give  or  withhold  his  approba- 
13* 


160  LEGISLATURE   AND   JUDICIARY. 

tion.  When  it  has  received  the  sanction  of  diU 
the  three  branches  of  the  legislature,  it  is  called  an 
Act  of  Parliament,  and  becomes  part  of  the  Taws 
of  the  country. 

The  bills  for  the  pecuniary  supplies  necessary 
for  the  public  service,  are  introduced  exclusively 
by  the  House  of  Commons :  they  may  be  rejected 
by  the  House  of  Lords ;  but  for  that  house  to  alter 
them,  or  to  introduce  any  bill  which  involves  pecu- 
niary .supply  to  the  government,  is  considered  a 
breach  of  the  privileges  of  the  House  of  Commons. 

The  money  annually  raised  by  Parliament  for 
the  public  service  and  the  payment  of  the  interest 
of  the  national  debt,  was,  in  1760,  about  nine  mil- 
lions, and  in  1793,  seventeen  and  a  half.  The  sum 
now  generally  raised,  is  nearly  fifty  million  of. 
pounds. 

Justice,  civil  and  criminal,  is  administered  in 
England  and  Ireland  according  to  laws  and  forms 
which  took  their  rise  in  the  former  country,  and 
were  in  time  extended  to  the  latter.  The  English 
law,  as  it  is  comprehensively  termed,  is  of  two 
kinds — written  or  statute  law,  consisting  of  the 
laws  established  by  act  of  Parliament,  and  consue- 
tudinary law,  consisting  of  customs  which  have 
existed  from  time  immemorial,  and  have  received 
the  sanction  of  the  judges. 

Consuetudinary  law  is  again  divided  into  com- 
onon  lata  and  equity ;  the  former  is  administered 
by  courts  which  profess  to  adhere  strictly  to  the 
old  laws  of  England,  except  in  as  far  as  they  are 
altered  by  statute;  the  latter  was  founded  upon 
the  principle  that  the  king,  in  cases  of  hardship, 
was  entitled  to  give  relief  from  the  strictness  of  the 
common  law.  -  Equity,  though  thus  originated,  has 


LEGISLATURE   AND    JUDICIARY.  151 

now  become  also  a  fixed  kind  of  law,  and  is  ad- 
ministered in  courts  which  decide  according  to 
established  rules. 

In  Scotland,  laws  peculiar  to  itself,  founded  upon 
the  principles  of  the  Roman  and  the  Feudal  law, 
are  administered  by  a  supreme  civil  tribunal,  de- 
nominated the  Cow^t  of  Sessio?i,  which  remains 
fixed  at  Edinburgh ;  and  by  a  criminal  tribunal, 
named  the  Court  of  Justiciary^  which  not  only  sits 
in  the  same  city,  but  makes  circuits  through  the 
provinces.  Minor  civil  and  criminal  cases  are  also 
judged  in  Scotland  by  the  sheriffs  of  the  various 
counties,  and  the  magistrates  of  the  burghs. 


CHAPTER  XLIV. 

Other  Governments  of  Europe. 


Scene  in  Venice. 


Spain  was  long  an  absolute  monarchy;  the  powei 
of  the  king  having  no  limits,  except  such  as  public 
opinion  interposed ;  and  these  were  very  slight  among 
a  people  without  education.     The  evils  of  this  kind 


GOVERNMENTS   OF   EUROPE.  153 

of  government  were  greatly  aggravated  by  the 
tyrannical  character  of  many  of  their  sovereigns. 
The  heir  apparent  to  the  throne  is  called  the  Prince 
of  Asturias;  the  other  royal  children  are  called 
Infanta. 

In  1837,  a  new  constitution  was  formed,  intended 
to  be  adapted  to  the  more  liberal  spirit  of  the  age. 
By  this  charter,  a  legislature  is  established,  con- 
sisting of  a  senate,  called  the  Cortes,  and  a  congress 
of  deputies.  These  bodies  united,  have  the  power 
of  enacting  laws  with  the  royal  sanction. 

The  senators  are  chosen  by  the  king  from  a  list 
of  persons  nominated  by  the  electors.  The  deputies 
are  chosen  by  the  electors. 

The  history  of  Ve?iice,  in  Italy,  is  full  of  interest. 
About  the  year  421,  the  people  appear  to  have  es- 
tablished themselves  in  numbers,  where  the  city 
now  stands.  The  settlement  increased,  and  became 
in  time,  the  seat  of  a  powerful  state.  In  the  early 
period  of  its  history,  the  government  was  ducal^ 
but  in  after  times,  the  chief  magistrate  was  a  doge^ 
who  was  elected  for  life,  from  the  nobles. 

Though  Venice  was  called  a  republic,  yet  it 
possessed  none  of  the  attributes  of  freedom  which 
the  name  implies.  The  nobility,  in  fact,  ruled  the 
state,  constituting  a  tyrannical  aristocracy.  The 
history  of  no  despotism  affords  instances  of  more 
fearful  cruelty  and  oppression,  than  that  of  Venice, 
Avhile  bearing  the  title  of  a  republic. 

The  government  was,  however,  conducted  with 
energy,  and,  as  far  as  it  tended  to  promote  the 
power  of  the  state,  with  sagacity  and  wisdom.  It 
encouraged  commerce,  and  thus  acquired  vast 
wealth.     The  Venetian  navy  was  the  most  con- 


154  GOVERNMENTS   OF   EUROPE.  V 

siderable  in  the  world,  for  several  centuries,  and  it 
long  gave  Venice  an  ascendency  in  the  Mediter- 
ranean. In  1797,  it  was  taken  by  the  French, 
under  Bonaparte,  and  afterwards  was  ceded  to 
Austria,  which  still  holds  it,  with  the  adjacent 
territory,  under  the  title  of  the  Lombard  Venetian 
kingdom. 

Genoa,  was  for  several  centuries,  an  independent 
state,  and  like  Venice  had  a  doge  for  its  chiet 
magistrate  He  was  elected  for  two  years,  from 
among  the  nobles.  This  state  attained  considerable 
eminence,  and  possessed  an  extensive  navy;  its 
commerce  was  carried  on  with  success,  and  at 
some  periods,  Genoa  almost  rivalled  Venice. 

At  the  present  time,  there  are  several  distinct 
governments  in  Italy.  Sardinia  is  an  absolute, 
hereditary  monarchy.  Austrian  Italy,  includinp 
Venice,  is  governed  by  an  Austrian  viceroy,  wh(* 
exercises  arbitrary  power  in  a  tyrannical  manner. 
The  duchies  of  Modena  and  Parma  are  mild  des- 
potisms. Lucca  is  governed  by  a  duke,  aided  by 
a  chamber  of  deputies.  Tuscany  is  an  absolute 
monarchy,  but  under  the  present  duke,  the  despotic 
power  is  mildly  exercised. 

The  States  of  the  Church,  including  the  city  of 
Rome,  are  governed  by  the  pope,  who  is  elected 
by  the  cardinals  from  among  themselves.  Hl« 
power  is  absolute.  The  kingdom  of  Naples  is  also 
an  absolute  monarchy. 

Greece  had  been  for  nearly  four  centuries  under 
the  grinding  oppression  of  the  Turks.  In  1821, 
they  declared  their  independence,  and  after  a  long 
and  bloody  conflict,  it  was  established,  and  Otho,  a 
Bavarian  prince,  became  their  sovereign  in  1830. 


I 


GOVERNMENTS    OF    EUROPE.  155 

His  power  is  limited  by  a  legislature,  consisting 
of  a  senate  and  house  of  representatives,  chosen  by 
the  electors. 


The  government  of  Turkey  is  a  pure  despotism^ 
there  being  nothing  to  check  the  will  of  the  Sultan. 
He  is  considered  the  successor  of  Mahomet,  ana 
thus  increases  his  authority  by  laying  claim  to  a 
sacred  character.  Nothing  can  exceed  the  fear  and 
awe  inspired  by  the  Sultan.  Even  his  wives  call 
•him  the  "  lion."  The  court  is  called  the  Sublime 
Port,  and  treaties  are  dated  ' '  from  our  stirrup. ' '  The 
divan,  or  council  of  state  is  composed  of  the  minis- 
ters of  the  interior,  exterior  and  finance.  There 
is  no  security  for  property;  public  officers  thrive 
by  extortion.  The  idea  of  patriotism  is  not  known 
in  the  country. 

Switzerland  consists  of  twenty-two  cantons,  each 
of  which  is  a  sovereign  state^  but  they  are  united 
into  a  confederacy  for  the  preservation  of  order  and 


166  eOVERNMENTS    OF   EUROPE. 

the  security  of  independence.  The  diet,  or  fcdf  .s 
congress,  is  composed  of  deputies  from  the  canton5 ; 
each  canton  having  one  vote.  The  president  is 
styled  the  landammann.  This  diet  has  nearly  the 
same  power  as  our  congress;  but  each  state  or 
canton  is  governed  by  its  own  laws.  Justice  is 
generally  well  administered ;  but  this  is  more  from 
the  good  spirit  of  the  people  than  from  the  excellence 
of  their  laws. 

Austria  is  an  absolute  despotism ;  the  sovereign 
is  styled  emperor.  In  some  of  the  provinces,  as  in 
Hungary  and  Transylvania,  his  power  is  checked 
by  a  diet.  Justice  is  well  administered,  and  the 
government  generally  exercises  its  authority  with 
mildness. 

Prussia  is  an  absolute  monarchy ;  yet  the  sover- 
eign wields  his  power  with  a  regard  to  the  interests 
of  the  people.  All  the  men  are  drilled  in  military 
exercises,  and  all  are  compelled  to  go  through  a 
course  of  education,  provided  by  the  government. 
There  are  twenty- two  thousand  common  or  primary 
schools  in  the  kingdom. 

The  principal  Germa?i  States  are  united  in  a 
federacy,  called  the  German  diet;  the  object  of 
which  is  to  secure  general  tranquillity.  It  em- 
braces thirty-six  monarchical  states  and  four  re- 
publics, called  free  cities. 

Holland  and  Belgium  are  monarchies  with  legis- 
latures. Denmark  is  an  unlimited  monarchy,  with 
much  practical  freedom;  the  laws  are  just,  and  well 
administered.  Sioeden  is  a  limited  monarchy.  The 
diet  has  some  resemblance  to  the  British  Parlia- 
ment, but  is  composed  of  four  bodies,  meeting  in 
different  houses.  These  are  the  nobles,  clergy, 
peasants,  and  inhabitants  of  towns.     Norway  is 


GOVERNMENTS    OF   EUROPE. 


157 


united  to  the  Swedish  crown,  and  is  governed  by  a 
viceroy,  whose  powers  are  Umited  by  .the  represen- 
tative assembly,  called  horthing. 


View  of  a  Russian  palace. 

Russia  is  an  absolute  despotism.  The  emperor 
is  called  czar.  He  exercises  his  authority  with 
rigor,  and  sometimes  with  capricious  injustice. 
The  nobles  are  numerous,  and  large  portions  of  the 
people  are  no  better  than  slaves.  The  courts  are 
by  no  means  free  from  corruption,  and  the  rich 
have  always  an  advantage  over  the  poor.  The 
punishments,  though  greatly  mitigated,  are  many 
of  them  barbarous  and  severe.  Banishment  to 
Siberia  is  common  for  political  offences. 

The  revenues  and  resources  of  the  government 

are  extensive,  though  it  is  much  embarrassed  by 

debt.     The  navy  is  considerable,  and  increasing. 

The  army  is  extensive,  well  trained,  and  more 

14 


158 


DISCOVERIES    IN    AMERICA. 


formidable  than  that  of  any  other  European  power. 
The  position  of  Russia  is  commanding,  and  under 
the  auspices  of  its  present  emperor,  Nicholas,  is 
making  rapid  progress  in  civilization,  wealth,  and 
power. 


CHAPTER  XLV. 

Discoveries  in  America,  &c. 


Indians  of  America  bringing  fruits  to  Columbus. 

Having  now  taken  a  brief  view  of  foreign  govern- 
ments, let  us  turn  our  attention  to  our  own  country. 
In  order  to  understand  the  political  institutions  of 
the  United  States,  we  must  take  a  glance  at  our 
early  history. 


DISCOVERIES   IN   AMERICA.  159 

In  1492,  Columbus  discovered  the  islands  of  the 
West  Indies,  before  which  time  the  existence  of 
America  was  wholly  unknown  to  the  people  of 
Europe,  Asia,  and  Africa.  These  countries  being 
called  the  Old  world^  the  American  continent  was 
called  the  New  world. 

The  inhabitants  of  this  entire  hemisphere  were 
of  the  copper  colored  race,  to  whom  the  name  of 
Indians  was  applied.  Most  of  them  were  in  a 
savage  state,  though  two  extensive  empires  existed, 
Mfexico  and  Peru,  both  of  which  had  made  cour 
siderable  progress  in  the  arts  of  civilization.  These 
had  cities,  tfee  art  of  writing  by  hieroglyphics,  a 
knowledge  of  working  certain  metals,  and  estab- 
hshed  monarchical  governments. 

The  origin  of  the  American  Indians  is  hidden  in 
mystery.  They  had  themselves  no  certain  records 
and  no  traditions  which  satisfactorily  solved  this 
interesting  question.  It  is  only  by  considering  that 
Asia  and  America  are  so  near  together  at  Bhering's 
straits,  that  a  rude  people  might  cross  in  boats ;  and 
by  remarking  the  resemblance  between  the  customs 
of  Mexico  and  Peru,  to  those  of  the  ancient  Persians 
and  Egyptians ;  that  we  infer,  with  a  good  degree 
of  probability,  that  the  first  settlers  of  America, 
and  the  ||rogenitors  of  the  Mexican  and  Peruvian 
Indians,  came  from  Asia.  The  time  of  their  emi- 
gration cannot  be  determined;  but  as  no  monument 
of  the  event  is  distinctly  traceable  in  any  country, 
it  must  have  been  ages  ago.  The  other  tribes  of 
Indians,  scattered  over  the  continent,  probably 
emigated  also  from  Asia,  at  later  periods,  but  still, 
long  since. 

The  discovery  of  Columbus  having  been  made 
under  the  flag  and  by  the  aid  of  the  king  of  Spain, 


160  DISCOVERIES   IN   AMERICA. 

that  monarch  seized  upon  as  much  of  the  new 
world  as  he  could  grasp.  The  finest  of  the  West 
India  islands,  the  great  and  rich  empires  of  Mexico 
and  Peru,  and  nearly  all  the  rest  of  South  America, 
with  other  territories,  were  taken  by  Spain. 

Other  portions  of  the  country  were  seized  by 
other  powers  of  Europe.  France  got  possession 
of  the  country  along  the  St.  Lawrence  and  the 
Mississippi,  and  England  picked  here  and  there 
upon  the  Atlantic  border  of  North  America,  as 
she  could  find  a  prize  worthy  of  her  notice. 

In  this  greedy  scramble,  the  first  object  was  gold 
and  silver,  which  had  been  found  in  abundance  in 
Mexico  and  Peru.  Bat,  after  these  became  scarce, 
other  objects  were  sought  by  the  emigrants :  some 
came  for  trade,  some  to  cultivate  the  lands,  and 
some  to  escape  from  religious  persecution,  which 
was  then  the  great  business  of  kings  and  priests, 
both  in  England  and  France. 

The  rights  of  the  European  natives  to  territory 
in  America  were  founded  in  discovery.  Thus,  a 
ship  having  been  fitted  out  in  England,  by  com- 
mand of  the  king,  proceeded  to  this  continent,  and 
discovered  the  country  from  Labrador  to  Virginia. 
England,  therefore,  claimed  all  this  territory,  be- 
cause one  of  her  captains  thus  saw'it  fcfore  any 
other  European. 

By  this  right  of  discovery,  various  European 
powers  got  possession  of  the  different  parts  of 
America;  and  although  we  cannot  see  any  very 
good  reason  why  discovery  should  confer  such 
rights,  still,  when  followed  by  occupancy,  it  has 
ever  been  regarded  as  a  valid  ground  of  claim,  by 
civilized  countries. 

It  appears  that  these  European  powers  did  not 


ENGLISH   COLONIES.  161 

consider  the  Indians  as  having  any  other  right  to 
the  land  which  they  had  inherited  and  possessed 
for  ages,  but  that  of  occupation.  These  people 
being  savages  and  heathen,  were  looked  upon  as 
children  or  incompetent  persons,  over  whom  civil- 
ized and  Christian  governments  had  a  right  to 
assume  guardianship  and  control. 

Perhaps  this,  in  theory,  might  be  vindicated,  but 
the  practice  of  the  European  nations  toward  the 
natives  was  little  less  than  a  system  of  plunder. 
The  Spaniards  generally  proceeded  at  once  to  con- 
quer the  natives  of  the  countries  of  which  they  took 
possession,  and  thus  reduced  them  to  subjection. 

The  English  adopted  a  system  somewhat  more 
just  in  appearance,  though  as  destructive  in  its 
results.  They  purchased  the  lands  of  the  natives, 
but  usually  made  such  sharp  bargains  that  the 
whole  inheritance  of  the  tribes  was  soon  bartered 
away,  and  they  either  perished,  or  sought  other 
lands  by  emigration  to  the  west. 


•      CHAPTER  XLVI. 

The  establishment  of  the  English  Colonies. 

The  first  settlement  within  the  boundaries  of  the 
present  United  States  was  made  in  Virginia,  in  1607, 
by  a  company  of  English  emigrants.  They  settled 
on  James'  river  and  built  Jamestown. 

These  persons  took  possession  of  the  territory 

by  virtue  of  a  charter  granted  to  Sir  Thomas  Gates 

and  his  associates,  by  James  I.,  king  of  England, 

in  1606 :  for  it  will  be  remembered  that  the  king 

14=*^  11 


162  ENGLISH    COLONIES, 

of  England  claimed  the  country  by  virtue  of  the 
discovery  of  Cabot,  more  than  a  century  before. 

This  charter  of  king  James  granted  to  the  Vir- 
ginia company  the  territory  between  the  thirty- 
fourth  and  forty-fifth  parallel  of  latitude,  and  of 
course  included  the  whole  Atlantic  country,  from 
the  southern  point  of  North  Carolina  to  New 
Brunswick.  This  company  was  afterwards  di- 
vided, one  taking  the  southern,  and  the  other  the 
northern  portion  of  this  land.  Several  distinct 
colonies  became  established  within  the  limits  of 
this  grant  to  Sir  Thomas  Gates  and  his  associates. 

New  York  was  settled  by  emigrants  from  Hol- 
land, in  1613.  Their  chief  object  was  to  trade 
with  the  natives  for  furs,  and  the  first  settlement 
was  made  at  Albany.  The  next  year,  a  small 
company  established  themselves  on  Manhattan 
island,  and  founded  the  now  populous  city  of  New 
York.  This  settlement  of  the  Dutch  was  upon 
territory  claimed  by  the  king  of  England  by  the 
prior  right  of  discovery,  and  of  course  it  was*  es- 
teemed an  aggression.  The  settlement  came  into 
the  hands  of  the  English,  by  cession,  in. 1644,  and 
after  that,  they  held  it  as  an  English  colony.  . 

The  first  settlement  in  New  England  was  made 
at  Plymouth,  in  Massachusetts,  in  1620,  by  certain 
persons  called  Puritans,  who  had  fled  to  Holland 
on  account  of  religious  persecution,  and  having  re- 
mained there  several  years,  came  to  America.  They 
were  soon  followed  by  others  from  England,  and  in 
the  space  of  a  few  years,  the  colonies  of  Massachu- 
setts Bay,  Connecticut,  Rhode  Island,  and  New 
Hampshire  were  established. 

Maryland  was  settled  by  about  two  hundred 
Catholies,  in  1634,  who  also  came  to  escape  from 


ENGLISH    COLONIES.  163 

religious  persecution.  New  Jersey  was  settled 
about  1664;  Pennsylvania  in  1684.  The  latter 
colony  consisted  of  Quakers,  who  made  their  settle- 
ment under  the  direction  of  the  celebrated  and 
kind-hearted  William  Penn.  Delaware  was  first 
settled  by  a  company  of  Swedes  and  Finns,  in 
1627. 

North  Carolina  was  settled  by  persons  who  fled 
from  religious  intolerance  in  Virginia,  between  1640 
and  1650.  In  South  Carolina,  the  first  permanent 
settlement  was  made  at  Port  Royal,  under  governor 
Teagle,  in  1670.  Georgia  was  settled  in  1732  by 
poor  emigrants  sent  thither  by  an  association  of 
benevolent  persons  in  England. 

Thirteen  colonies  were  thus  established  in  North 
America.  These  consisted  of  1.  Massachusetts, 
which  now  included  the  Plymouth  colony;  2. 
Connecticut;  3.  New  Hampshire;  4.  Rhode  Island; 
5.  New  York ;  6.  New  Jersey ;  7.  Pennsylvania ; 
8.  Delaware;  9.  Maryland;  10.  Virginia;  11.  North 
Carolina ;  12.  South  Carolina ;  13.  Georgia. 

These  were  the  thirteen  colonies  that  declared 
war  against  England,  in  1776.  It  will  be  recollected 
that  Maine  was  attached  to  Massachusetts.  Ver- 
mont was  never  a  colony ;  the  territory  was  claimed 
both  by  New  Hampshire  and  New  York ;  the  peo- 
ple fought  against  the  British  in  the  war,  but  did 
not  join  the  confederation. 


CHAPTER  XLVII. 

General  Remarks  on  Colonies,  &c. 

It  appears  to  have  been  the  practice  of  com- 
mercial nations,  in  very  early  times,  to  send  out 
companies  of  their  people  to  settle  in  distant  coun- 
tries. As  these  settlements  require  protection,  they 
receive  it  of  the  mother  country,  and,  in  return, 
allow  that  country  to  exercise  government  over 
them.  These  settlements,  often  remote  and  always 
dependent,  are  denominated  colonies. 

The  great  inducement  to  found  and  encourage 
colonies,  has  been,  that  they  promoted  trade  and 
commerce,  and  thereby  increased  the  wealth  of  the 
nation  to  whom  they  belonged.  Carthage,  estab- 
lished a  century  before  Rome,  was  at  first  but  a 
colony  of  Phoenicia.  It  afterwards  became  in- 
dependent, and  was  long  the  most  powerful  state 
in  Africa.  It  established  numerous  colonies,  par- 
ticularly along  the  coast  of  Spain,  and  from  these 
derived  a  large  share  of  its  prosperity. 

Greece,  also,  had  a  number  of  colonies,  but  her 
commerce,  as  well  as  her  settlements,  were  chiefly 
confined  within  the  shores  of  the  Mediterranean 
Sea.  Rome  was  never  a  commercial  power,  for 
she  chose  rather  to  thrive  by  conquest  than  trade. 
She  had,  therefore,  no  commercial  settlements 
which  could  properly  be  called  colonies. 

After  the  Roman  Empire  fell  into  the  hands  of 
the  Northmen — about  the  year  450 — for  many 
centuries  commerce  did  not  flourish,  and  the  whole 
world  long  remained  in  the  darkness  of  ignorance 
and  poverty.     During  the  middle  ages,  the  Euro- 


^ 


GENERAL   REMARKS    ON    COLONIES.  165 

pcan  States  had  little  trade  by  sea,  and,  indeed, 
the  commerce  of  the  world  was  chiefly  carried  on 
by  land.  Genoa  and  Venice  are  among  the  most 
thriving  commercial  States  of  this  period,  and  these 
had  sonte  colonial  settlements. 

But  it  was  not  till  the  fifteenth  century,  that 
colonies  were  established  on  an  extensive  scale. 
The  Portuguese  were  the  first  to  extend  their  dis- 
coveries, and  at  that  period  they  founded  colonies 
along  the  Atlantic  borders  of  Africa,  and  even  in 
India.  The  discovery  of  America  soon  followed, 
and  then  a  system  of  colonizing  those  portions  of 
the  new  world  which  belonged  to  each  European 
power,  by  virtue  of  discovery,  was  adopted. 

Thus,  the  whole  continent  of  Americg,  North 
and  South,  became  parcelled  out  among  tne  difler- 
ent  European  nations,  the  settlements  all  being 
colonies :  that  is  to  say,  they  were  all  considered 
as  belonging  to  European  countries;  and  while 
each  claimed  protection  from  its  particular  govern- 
ment, it  submitted  also  to  the  laws  prescribed  by 
that  government. 

This  was  the  situation  of  the  thirteen  English 
colonies,  described  in  chap.  XLVI.  These  had  all 
been  settled  within  the  territory  claimed  by  Great 
Britain,  as  being  discovered  under  her  flag.  They 
had  all  claimed  the  protection  of  Great  Britain, 
which  was  called  the  mother  country ;  and  they 
had  all  submitted  to  the  government  of  Great 
Britain.  These  colonies  were  considered  of  so 
much  importance  to  that  kingdom,  that  they  were 
spoken  of  as  "  the  brightest  jewel  in  her  crown." 

It  must  be  remarked,  however,  that  the  colonists 
generally  settled  in  America,  under  charters  granted 
by  the  king,  or  obtained  some  charter  at  a  sub- 


156  GENERAL   REMARKS    ON   COLONIES. 

sequent  period.  These  charters  prescribed  the 
mutual  rights  of  the  colonists  and  the  crown : 
usually  extending  to  the  former  the  English  laws, 
and  empowering  the  crown  to  rule  over' the  people 
and  exercise  its  authority  through  a  governor  and 
council  of  his  own  appointment. 

It  is  true,  indeed,  that  different  colonies  were  differ- 
ently situated  in  respect  to  the  government  of  Great 
Britain  ;  some  having  more  privileges  than  others. 
Some  of  them  were  indeed  mere  provinces,  and 
having  no  charter,  or  their  charters  being  taken 
away,  were  completely  subject  to  the  government 
of  England;  while  others  had  a  right  by  their 
charters  to  elect  representatives  among  themselves, 
who  should  constitute  an  assembly,  which,  in  con- 
junction with  the  governor-  and  council  appoint- 
ed by  the  king,  could  make  laws  for  the  colony, 
not  incompatible  with  those  of  England.  We 
here  see  the  beginning  of  that  form  of  government 
established  by  the  colonies  when  they  became  in- 
dependent states. 

Hitherto,  we  must  remark  that  the  thirteen  col- 
onies were  dependents  of  Great  Britain  ;  and  most 
of  them  were  deprived  of  some  privileges  which 
belonged  to  Englishmen,  by  the  very  terms  and 
conditions  of  their  charters.  The  colonists  were, 
from  the  beginning,  and  of  necessity,  but  little  more 
than  slaves,  so  far  as  their  political  condition  was 
concerned. 

But  even  the  hard  conditions  of  these  charters 
were  often  violated  by  the  home  government,  and 
tyranny  was  added  to  injustice.  This,  doubtless, 
arose  more  from  the  position  of  the  colonies  than 
from  any  intrinsic  tyranny  in  the  government.  In 
the  first  place,  colonies  are  always  regarded  as  in- 


♦' 


GENERAL   REMARKS    ON   COLONIES.  167 


• 


stituted  for  the  benefit  of  the  mother  country, 
rather  than  for  the  colonists  themselves ;  and  it  is 
apt  to  be  an  habitual  train  of  thought,  that  they 
are  to  be  managed  with  an  exclusive  or  primary 
reference  to  the  good  of  the  mother  country. 

Beside,  colonies  demand  large  expenditures  for 
their  government  and  protection,  and  it  is  deemed 
right  that  they  should  be  made  to  pay  liberally  for 
these :  they  are  also  distant,  and  if  they  suffer 
grievances  it  is  difficult  for  those  who  are  entrench- 
ed in  power,  to  be  reached  by  remonstrance  or 
petition.  Add  to  this,  that  it  is  usually  for  the  in- 
terest of  the  agents  of  the  government  to  misrepre- 
sent the  people  they  govern,  so  that  they  may 
extort  power  from  their  employers  and  plunder 
the  people  by  authority. 

Under  these  circumstances,  it  is  not  strange 
that  the  people  of  the  colonies  suffered  greatly  from 
the  oppressions  of  the  home  government.  They 
however  flourished.  Their  numbers  increased,  as 
well  by  natural  progress  as  by  emigration.  A 
large  portion  of  those  who  first  emigrated  were 
well  educated,  and  these  laid  the  foundation  for 
general  education.  The  lands  became  the  property 
of  those  who  cultivated  them;  and  thus  a  deep 
interest  in  promoting  the  real  prosperity  of  the 
country  was  established  in  the  numerous  owners 
of  the  soil. 

The  oppressions  of  the  British  government  had 
been  submitted  to  by  feeble  colonists,  when  they 
coujd  not  help  themselves ;  but  they  had  at  length 
become  strong,  and  began  to  feel  that  by  union  they 
could  resist  with  effect.  At  last,  roused  by  new 
encroachments  on  their  rights,  they  threw  off  their 
allegiance,  and  on  the  4th  of  July,  1776,  declared 
themselves  free,  sovereign,  and  independent. 


CHAPTER    XLVIII. 

Revolutionary  GoYernment  of  the  United  States. 

In  the  war  of  the  Revolution,  thirteen  colonies 
united.  Let  us  look  at  the  means  by  which  that 
union  was  sustained  during  a  period  of  eight  years, 
and  in  a  severe  and  trying  conflict :  or,  in  othei 
words,  let  us  see  what  was  that  government  under 
which  the  colonies  carried  on  the  revolutionary 
struggle  to  a  successful  issue. 

In  1774,  Massachusetts  recommended  the  assem- 
bling of  a  continental  Congress  at  Philadelphia,  to 
consist  of  delegates  from  all  the  colonies,  to  delib- 
erate upon  the  common  good,  and  to  devise  suitable 
plans  »f  operation  for  the  exigency  of  the  times. 

Delegates  were  accordingly  chosen  in  the  va- 
rious colonies,  some  by  the  legislatures  and  some 
by  conventions  of  the  people.  These  delegates  met 
at  Philadelphia  on  the  20th  September,  1774,  and, 
constituting  the  first  great  national  Congress,  fur- 
nished an  example  which  afterwards  resulted  in  olir 
federal  government. 

This  body  proceeded  to  adopt  certain  rules,  one 
of  the  most  important  of  which  was,  that  each 
colony  should  have  but  one  vote,  and  this  rule  was 
observed  throughout  the  revolution.  The  delegates 
adopted  such  measures  as  they  deemed  necessary, 
and  recommended  another  Congress.  This  assem- 
bled in  May,  1775,  and  resolving  upon  war, 
adopted  the  famous  Declaration  of  Independence  =^ 
on  the  4th  of  July,  1776.  This  declaration  was 
unanimously  accepted  by  the  American  people, 

♦  See  this  admirable  document,  in  the  Appendix  of  this  work. 


UNITED    STATES   REVOLUTIONARY  GOVERNMENT.    169 

and  thenceforward,  separation  from  the  government 
of  Great  Britain,  and  national  independence,  were 
the  open  and  avowed  objects  of  the  revohitionary 
struggle.  To  carry  out  this  plan.  Congress  recom- 
mended it  to  the  several  colonies  to  organize  state 
governments,  which  was  accordingly  done,  and 
from  this  time  the  delegates  to  Congress  were  ap- 
pointed by  the  state  legislatures. 

The  continental  Congress,  thus  organized  by  a 
voluntary  union  of  the  states,  and  delegates  being 
successively  appointed  from  time  to  time,  continued 
to  be  the  government  of  the  nation  until  near  the 
close  of  the  war,  when  certain  articles  of  confedera- 
tion were  adopted.  During  this  period,  they  as- 
sumed and  exercised  all  necessary  powers,  acting 
indeed  without  limit  or  restraint.  There  was  then 
no  constitution  to  dejfine  their  poAvers.  They  made 
war  and  peace ;  raised  armies  and  equipped  navies ; 
formed  treaties  and  alliances;  contracted  debts,  and 
exercised  all  the  high  functions  of  government. 

It  must  be  admitted  that  this  Congress  therefore 
possessed  and  exercised  an  arbitrary  and  despotic 
power ;  but  it  must  be  considered,  that  it  was  a 
revolutionary  government,  entrusted  with  the  man- 
agement of  affairs  during  an  emergency ;  and 
farther,  that  the  acts  of  this  government  were  sus- 
tained by  the  people. 

It  was  obvious,  however,  that  this  arrangement 
was  only  temporary,  for  as  soon  as  one  of  the 
states  should  withdraw,  the  union  would  be  dis- 
solved. After  providing  for  the  exigencies  of  the 
war,  Congress,  therefore,  directed  their  attention  to 
the  formation  of  a  system,  which  should  give  per- 
manency to  a  union  of  the  states. 
15 


CHAPTER    XLIX. 

The  Confederation. 

After  various  discussions,  Congress  finally 
agreed,  in  Nov.  1777,  upon  certain  Articles  of  Con- 
federation, which  were  sent  to  the  states  for  their 
consideration.  Various  delays  and  objections 
arose,  and  it  was  not  till  March,  1781,  that  Mary- 
land, the  last  state,  gave  her  assent. 

Scarcely  had  these  articles  of  confederation  been 
adopted,  before  the  defects  of  the  system  were  dis- 
covered. Among  the  most  formidable  was  this, 
that  while  Congress  had  power  to  adopt  various 
measures,  it  had  no  effectual  means  of  carrying 
them  into  effect. 

An  eminent  statesman  thus  expressed  himself 
on  this  subject:  "Congress  may  make  and  con- 
clude treaties,  but  can  only  recommend  the  observ- 
ance of  them;  they  may  appoint  ambassadors,  but 
they  cannot  defray  their  expenses.  They  may  bor- 
row money,  but  they  cannot  pay  a  dollar.  They 
may  coin  money,  but  they  cannot  import  an  ounce 
ofbuUion.  They  may  make  war,  and  determine 
what  number  of  troops  are  necessary,  but  they  can- 
not raise  a  single  soldier.  In  short,  they  may  de- 
clare everything,  hut  can  do  nothing.'''' 

Thus  it  seems  that  Congress  had  no  power  to 
compel  the  states  to  an  observance  of  their  acts. 
The  states  might  obey  or  disobey,  as  they  pleased ; 
and,  in  point  of  fact,  many  of  the  acts  of  Congress 
under  the  confederation,  were  totally  unobserved. 

Nor  had  Congress  any  power  to  punish  individ- 
uals for  any  breach  of  their  laws ;  nor  could  they 


THE   CONSTITUTION.  171 

lay  taxes,  nor  collect  revenue ;  nor  could  they  reg- 
ulate commerce ;  and,  consequently,  the  most  op- 
posite systems  of  trade  with  foreign  countries 
existed  in  the  different  states. 

These  and  other  evils  became  so  apparent,  that 
the  necessity  of  change  was  obvious  to  all :  yet  it 
was  with  great  difficulty  that  the  states  could  be 
induced  to  adopt  the  necessary  means  for  an  ade- 
quate remedy.     [See  Appendix.^ 


CHAPTER    L. 

Origin  of  the  Constitution. 

In  1786,  the  legislature  of  Virginia  recommend- 
ed a  convention  of  commissioners  from  all  the 
states,  to  take  into  consideration  the  state  of  trade. 
In  compliance  with  this  suggestion,  commissioners 
from  five  states  met  at  Annapolis,  in  Maryland, 
in  September,  1784.  These  adopted  a  report,  re- 
commending it  to  Congress  to  call  a  convention 
of  delegates  from  all  the  states,  at  Philadelphia, 
in  May,  1787. 

Congress  adopted  this  recommendation,  and  a  con- 
vention was  held  accordingly,  all  the  states,  except 
Rhode  Island,  sending  delegates  to  this  body.  On 
the  17th  September,  1787,  the  present  Constitution 
of  the  United  States  was  adopted  and  sent  forth  to 
the  people  for  their  consideration.  It  was  ratified 
by  all  the  states  except  North  Carolina  and  Rhode 
Island,  and  went  into  operation  in  1789. 

North  Carolina  adopted  the  Constitution  in  1789, 
and  Rhode  Island  in  1790.     Thus  all  the  thirteen 


172  THE     CONSTITUTION. 

States  became  parties  to  the  Union  :  and  the  other 
thirteen  have  since  voluntarily  come  into  the  com- 
pact. It  now  becomes  a  matter  of  interest  and 
duty,  with  every  American  citizen,  to  study  this 
instrument  carefully,  that  he  may  fully  and  clearly 
understand  that  national  government,  to  which  he 
looks  for  the  security  of  many  of  his  dearest  rights. 


CHAPTER  LI. 

Preliminary  Remarks  on  tlie  Constitution. 

Before  we  proceed  further,  it  may  be  well  to 
apprize  the  young  reader  of  the  complicated  nature 
of  our  government.  In  Great  Britain,  France,  <fec., 
the  system  is  simple,  and  easily  understood.  The 
laws  of  the  British  Parliament  operate  over  the 
whole  of  England,  Ireland  and  Scotland,  and  there 
is  no  interfering  power  to  check  or  limit  their 
force.  The  laws  of  the  French  legislature,  in  like 
manner,  operate  over  the  whole  of  France. 

But  here  we  have  twenty-six  states,  each  being 
a  separate  and  complete  republic,  with  all  the 
machinery  of  government  within  itself.  The  Con- 
stitution of  the  United  States  is  therefore  only  a 
contract  or  agreement  between  these.states,  in  which 
it  is  stipulated  that  they  all  give  up  to  the  national 
government  certain  rights  and  powers,  as  set  forth 
in  that  instrument.  All  rights  and  powers  not 
expressly  granted  to  the  national  government,  are 
reserved  to  the  states. 

The  chief  powers  granted  to  the  national  gov- 
ernment, are  the  making  of  war  and  peace ;  regu- 
lating commerce ;  coining  moneys ;  establishing 
post-ofiices ;    imposing  taxes^    and   laying   duties 


THE    CONSTITUTION.  173 

upon  foreign  merchandise;  borrowing  money  on 
the  credit  of  the  United  States,  &c.  These  powers 
being  granted  to  Congress,  the  states  cannot  exer- 
cise them. 


The  Constitution  *  with  Explanatory  Remarks. 

317*  In  this  Chapter,  the  Constitution  is  printed  in  Italic. 
PREABIBLE. 

We,  the  people  of  the  United  States,  in  order  to  form 
a  more  perfect  union,  establish  justice,  ensure  domestic 
tranquillity,  provide  for  the  common  defence,  promote  the 
general  welfare,  and  secure  the  blessings  of  liberty  to  our- 
selves  and  our  posterity,  do  ordain  and  establish  this 
Constitution  of  the  United  States  of  America. 

The  first  object  of  the  Constitution,  as  set  forth 
in  the  preamble,  is  ^^  to  form  a  more  perfect  U7iion.^^ 
The  necessity  of  a  union  of  the  states,  more  perfect 
than  had  before  existed,  had  been  taught  by  expe- 
rience. How  could  separate  states  protect  them- 
selves from  the  aggressions  of  foreign  foes?  How 
could  small  states  sustain  themselves  against  large 
ones — as  Rhode  Island  against  New  York  7  For 
these  and  many  other  considerations,  a  more  per- 
fect union  was  necessary ;  and  as  this  is  obtained 
by  the  Constitution,  we  ought  to  cherish  it  as  one  of 
the  most  essential  blessings  of  our  social  condition. 

*  It  has  been  objected  to  the  Constitution  that  it  was  not  pre- 
ceded by  a  "Bill  of  Rights,"  as  is  the  fact  with  most  of  the  state 
constitutions.  The  Declaration  of  Independence,  and  the  Decla- 
ration of  Rights  by  Congi'ess  in  1794,  may  be  regarded  as  setting 
forth  the  great  principles  of  liberty,  sustained  in  the  Constitution 
(See  Appendix.) 

15* 


1T4  THE    CONSTITUTION. 

The  second  object  is  to  "  establish  justice.''^  To 
establish  justice,  is  indeed  the  great  object  of  all 
good  government.  Without  justice  there  can  be 
no  true  freedom,  no  secure  enjoyment  of  our  rights. 
But  how  can  the  Constitution  of  the  United  States 
aid  in  the  establishment  of  justice  7  Do  not  the 
state  courts  secure  this?  Not  in  all  cases.  Foreign- 
ers could  not  he  secure  of  justice  in  the  individual 
states ;  nor  could  the  citizens  of  one  state  be  secure 
in  another.  Experience  had  taught  this,  and  there- 
fore it  became  a  leading  object,  in  the  formation 
of  the  Constitution,  to  establish  justice  on  a  broad 
and  liberal  basis,  so  that  all  who  came  within  the 
scope  of  our  government  might  find  shelter  and 
protection. 

The  next  object  is  ^'■to  ensure  domestic  tran- 
quillity f^  that  is,  to  ensure  the  states  against  the 
intrigues  of  foreign  nations;  against  domestic 
jealousy  and  commercial  rivalry ;  against  disputes 
and  dissensions  of  all  kinds ;  against  factions  and 
insurrections.  These  are  objects  of  the  highest 
consideration,  and  the  necessity  of  providing  some 
means  of  averting  such  evils,  had  been  shown  by 
the  bitter  lessons  of  history. 

The  next  object  is  ^^  to  provide  for  the  common 
defence.''^  It  has  been  often  remarked,  that  to 
ensure  peace  we  must  be  prepared  for  war.  It 
was  therefore  indispensable  that  the  general  gov- 
ernment should  have  power  to  levy  armies,  sus- 
tain a  navy,  erect  fortifications,  &c.  How  could 
these  things  be  done,  except  by  placing  them  in  the 
charge  of  the  national  government  7  The  separate 
states  could  not  carry  on  war  against  foreign 
nations,  for  any  one  would  be  borne  down  in 
the  contest.      The  only  effectual  mode  of  pro- 


THE    CONSTITUTION.  175 

viding  for  the  corrvmon  defence^  was  to  give  up  the 
whole  matter  to  the  management  of  the  national 
government. 

The  next  object  is  ^^  to  promote  the  general  wel- 
fare.^^  It  might  be  thought  that  the  separate 
state  governments  could  do  this ;  but  they  have  in 
fact  neither  the  means  nor  the  power.  They 
have  not  the  resources;  for  they  cannot  conve- 
niently raise  the  money  to  carry  on  war,  to  sup- 
port navies,  to  sustain  fortifications  and  garrisons. 
Nor  have  the  separate  states  the  means  of  en- 
forcing upon  each  other  that  harmony  of  action, 
which  is  indispensable,  in  order  to  promote  the 
general  welfare.  A  particular  state  must  look 
after  the  particular  interests  of  its  people :  it  is  only 
by  a  general  government  that  the  general  welfare 
can  be  secured. 

The  last  object  of  the  Constitution,  as  set  forth 
in  the  preamble  is,  "^  secure  the  blessings  of  lib- 
erty to  us  and  our  posterity.^''  In  another  part  of 
this  work  I  have  endeavored  to  set  forth  the  nature 
of  liberty,  and  the  necessity  of  it  to  the  enjoy- 
ment of  life.  To  obtain  its  blessings,  was  the 
great  object  of  the  war  of  the  revolution ;  to  per- 
petuate its  blessings,  is  the  great  design  of  the  Con- 
stitution; to  diffuse  its  blessings,  should  be  the 
desire  of  ev^ry  American  citizen. 

We  should,  however,  always  bear  in  mind  what 
is  meant  by  liberty — civil  liberty — that  hberty 
which  is  compatible  with  law.  True  liberty  does 
not  give  us  perfect  freedom;  it  only  allows  us 
to  do,  to  think,  to  feel,  as  we  please,  so  far,  and 
so  far  only,  as  we  do  not  injure  others.  We  can 
best  show  our  love  of  liberty,  by  observing  the 
laws,  sustaining  good  government,  and  doing  jus- 


176  THE     CONSTITUTION. 

tice  to  our  fellow-men.     Justice  is  liberty;  injus- 
tice is  tyranny. 

The  Constitution  consists  of  seven  articles,  and 
thirteen  amendments.  The  first  article  relates  to 
Congress,  to  which  it  assigns  all  Legislative poiver : 
the  second  relates  to  the  President,  and  vests  in 
him  the  Executive  power :  the  third  relates  to 
the  Judiciary^  and  vests  in  this  the  Judicial  'power. 
It  will  therefore  be  perceived,  that  here  is  a  distri- 
bution of  the  several  powers  of  governmentj  as  I 
have  before  stated. 

ARTICLE   I. 

Sec.  I. — All  legislative  powers  herein  granted^  shall 
be  vested  in  a  Congress  of  the  United  States,  which  shall 
consist  of  a  Senate  and  House  of  Representatives. 

Here  it  will  be  seen  that  the  legislative  power  is 
wholly  vested  in  Congress,  which  is  to  consist  of  a 
Senate  and  House  of  Representatives. 

Sec.  II. — 1.  The  House  of  Representatives  shall  be  com^ 
posed  of  members  chosen  every  second  year,  by  the  people 
of  the  several  states  ;  and  the  electors  in  each  state  shall 
have  the  qualifications  requisite  for  electors  of  the  most 
numerous  branch  of  the  state  legislature. 

We  here  notice  that  the  representatives  are  to 
be  chosen  by  the  people,  the  object  being  to  obtain 
such  persons  as  will  represent,  or  express,  the 
views  and  wishes  of  the  people.  Here  lies  the 
great  principle  of  our  liberty.  In  voting  for  our 
representatives,  we  express  our  wishes  as  to  the 
measures  we  desire  to  see  adopted  by  the  national 
legislature. 

2.  iVo  person  shall  be  a  representative  who  shall  not 
have  attained  the  age  of  twenty-five  years,  and  been  seven 


THE    CONSTITUTION.  177 

years  a  citizen  of  the  United  States^  and  ivho  shall  not, 
when  elected,  be  an  inhabitant  of  the  state  in  which  he 
shall  be  chose7i. 

This  refers  to  the  quaUfications  of  a  representa- 
tive. He  must  be  twenty-five  years  old,  so  as  to 
ensure  maturity  of  mind  and  a  degree  of  expe- 
rience ;  he  must  be  a  citizen  of  the  United  States, 
for  we  could  not  trust  foreigners  to  make  our  laws; 
and  he  must  live  in  the  state  he  is  to  represent, 
else  how  can  he  know  the  interests,  wants,  and 
wishes  of  the  people  7 

3.  Representatives  and  direct  taxes  shall  be  appor- 
tioned among  the  several  states  which  may  be  included 
within  this  Union,  according  to  their  respective  numbers, 
which  shall  be  determined  by  adding  to  the  whole  num' 
ber  of  free  persons,  including  those  bound  to  service  for  a 
term  of  years,  and  excluding  India7is  not  taxed,  three- 
ffths  of  all  other  persoiis.  The  actual  enumeration 
shall  be  made  within  three  years  after  the  first  meeting 
of  the  Congress  of  the  United  States,  and  within  every 
subsequent  term  often  years,  in  such  manner  as  they 
shall  by  law  direct.  The  number  of  representatives  shall 
not  exceed  one  for  every  thirty  thousand,  but  each  state 
shall  have  at  least  one  representative  :  and  until  such 
enumeration  shall  be  made,  the  state  of  New  Hampshire 
shall  be  entitled  to  choose  three;  Massachusetts,  eight ; 
Rhode  Island  and  Providence  Plantations,  one ;  Con- 
necticut,  five ;  New  York,  six ;  New  Jersey,  four ; 
Pe7insylvania,  eight;  Delaivare,  one;  Maryland,  six; 
Virginia,  ten;  Noi-ih  Carolina,  five;  South  Carolina, 
five  ;  and  Georgia,  three. 

This  lays  down  a  principle,  by  which  we  may 
decide  how  many  representatives  a  state  shall 
have ;  and  when  direct  taxes  are  laid,  how  much 
each  state  shall   pay.     It  provides  for  taking  a 

12 


178 


THE    CONSTITUTION. 


census  every  two  years,  and  when  the  population 
of  each  state  is  thus  ascertained,  Congress  is  to  say 
how  the  representatives  shall  be  apportioned. 

In  1842,  a  distribution  act  was  passed,  declaring 
that  every  state  should  have  one  representative  for 
every  seventy  thousand  six  hundred  and  eighty  in- 
habitants; and  that  in  each  case,  where,  after 
dividing  the  inhabitants  by  this  number,  a  fraction 
of  over  one  half  of  the  seventy  thousand  six  hun- 
dred and  eighty  remained,  one  representative  should 
be  allowed  for  that  fraction.  Accordingly,  the  fol- 
lowing is  the  number  of  representatives  to  which 
the  several  states  are  entitled : 

Maine 

New  Hampshire 

Massachusetts 

Rhode  Island 

Connecticut 

Vermont 

New  York 

New  Jersey 

Pennsylvania 

Delaware 

Maryland 

Yirginia 

North  Carolina 

It  will  be  observed  that,  in  the  preceding  section, 
persons  "bound  to  service  for  a  term  of  years," 
are  spoken  of :  by  which  is  meant  apprentices,  and 
other  persons,  chiefly  foreigners,  who  had  bound 
themselves  to  service  for  a  series  of  years,  generally 
with  a  view  to  pay  their  passage. 

We  observe,  also,  in  this  section,  the  phrase  ''  all 
other  per  sons. ^^     By  these  are  meant  slaves;  and 


7 

South  Carolina 

7 

4 

Georgia 

8 

10 

Alabama 

7 

2 

Louisiana 

4 

4 

Mississippi 

4 

4 

Tennessee 

11 

34 

Kentucky 

10 

5 

Ohio 

21 

28 

Indiana 

10 

1 

Illinois 

.    7 

6 

Missouri 

5 

15 

Arkansas 

1 

9 

Michigan 

3 

THE    CONSTITUTION.  179 

it  will  be  perceived,  therefore,  that  three  fifths  of 
the  slaves  of  the  southern  states,  although  they 
do  not  vote,  and  are  held  as  property,  are  still 
counted  as  forming  a  basis  of  representation  in 
Congress.  •> 

Thus,  by  the  late  census,  South  Carolina,  has 
two  hundred  and  sixty-seven  thousand  three  hun- 
dred and  sixty  free  inhabitants,  and  three  hundred 
and  twenty-seven  thousand  and  thirty-eight  slaves. 
In  fixing  the  apportionment  of  representatives, 
three  fifths  of  these  slaves,  one  hundred  and  ninty- 
six  thousand  two  hundred  and  twenty-three,  are 
added  to  the  whole  population,  making  four  hun- 
dred and  sixty-three  thousand  five  hundred  and 
eighty-three : — this  is  divided  by  seventy  thousand 
six  hundred  and  eighty,  and  accordingly  South 
Carolina  would  be  entitled  to  six  representatives ; 
but  as  there  is  a  fraction  of  thirty-nine  thousand 
five  hundred  and  three,  she  is  entitled  to  another, 
making  seven  representatives. 

4.  When  vacancies  happen  in  the  representation  from 
any  state,  the  executive  authority  thereof  shall  issue  writs 
of  election  to  fill  such  vacancies. 

5.  The  House  of  Representatives  shall  choose  their 
speaker  and  other  officers,  and  shall  have  the  sole  power 
of  impeachment. 

By  the  power  of  impeachment  here  is  meant 
the  right  to  make  a  written  accusation  against  the 
president,  or  any  other  high  officer  of  government, 
for  the  purpose  of  bringing  him  to  trial.  This 
trial  must  take  place  before  the  Senate  of  the 
United  States. 

An  instance  of  impeachment  took  place  in  1805, 
against  Samuel  Chase,  one  of  the  judges  of  the 


180  THE     CONSTITUTION 

Supreme  Court  of  the  United  States,  for  misde- 
meanor, in  the  trial  of  John  Fries  for  treason. 
He  was,  however,  acquitted. 

Sec.  hi. — 1.  The  Senate  of  the  United  States  shall 
le  composed  of  two  senators  from  each  state,  chosen  by 
the  legislature  thereof  for  six  years ;  and  each  senator 
shall  have  one  note. 

Here  we  observe,  that  senators  are  chosen,  not 
by  the  people,  but  by  the  legislatures  of  the  states 
they  are  not  chosen  for  two  years,  but  for  six 
they  are  not  apportioned  according  to  population 
but  each  state  has  two. 

It  may  be  asked  why  two  houses  are  needed  in 
the  legislature,  and  the  answer  is  this :  that  one 
house  might  be  careless  or  hasty;  they  might 
combine  together  for  some  bad  object,  and  pass 
bad  laws.  By  dividing  the  legislature  into  two 
bodies,  and  making  it  necessary  that  every  law  shall 
be  adopted  by  a  majority  of  each,  one  becomes  a 
check  upon  the  other.  In  this  way,  we  are  more 
secure  of  obtaining  cool,  careful  and  patriotic  legis- 
lation. 

It  will  be  seen  that  the  members  of  the  Senate 
being  elected  for  six  years,  and  the  representatives 
for  but  two,  the  former  is  the  more  stable  and  per- 
manent body,  while  the  latter  is  the  more  perfect 
expression  of  the  will  of  the  people. 

2.  Immediately  after  they  shall  he  assembled,  i7i  conse- 
quence of  the  first  election,  they  shall  be  divided,  as 
equally  as  may  be,  into  three  classes.  The  seats  of  the 
senators  of  the  first  class  shall  be  vacated  at  the  expiration 
of  the  second  year  ;  of  the  second  class,  at  the  expiration 
of  the  fourth  year  ;  and  of  the  third  class,  at  the  expira- 
Hon  of  the  sixth  year  ;  so  that  ojie-third  may  be  chosen 


THE    CONSTITUTION.  181 

every  second  year  ;  and  if  vacancies  happen,  hy  resig- 
nation or  otherwise,  during  the  recess  of  the  legislature 
of  any  state,  the  executive  thereof  may  make  temporary 
appointments  until  the  next  meeting  of  the  legislature, 
which  shall  then  fill  such  vacancies. 

It  will  be  remarked  that  provision  is  here  made 
for  gradually  changing  the  whole  body  of  the 
Senate.  Thus,  while  a  large  portion  are  retained, 
for  several  years,  so  as  to  have  many  experienced 
persons  among  them,  they  may  be  entirely  changed 
every  six  years,  so  as  to  prevent  their  combining 
together  for  any  sinister  purposes. 

3.  iVb  person  shall  he  a  senator  who  shall  not  have 
attained  to  the  age  of  thirty  years,  and  been  nine  years 
a  citizen  of  the  United  States,  and  ivho  shall  not,  when 
elected,  be  an  inhabitant  of  that  state  for  which  he  shall 
he  chosen. 

4.  The  vice-president  of  the  United  States  shall  he 
president  of  the  senate,  but  shall  have  no  vote,  U7iless  they 
he  equally  divided. 

5.  The  Senate  shall  choose  their  other  officers,  and  also 
a  president  pro  tempore,  in  the  absence  of  the  vice-presi- 
dent, or  when  he  shall  exercise  the  office  of  president  of 
the  United  States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all  im- 
peachments. When  sitting  for  that  purpose,  they  shall 
be  on  oath  or  affirmation.  When  the  president  of  the 
United  States  is  tried  the  chief  justice  shall  preside  ;  and 
no  person  shall  he  convicted  without  the  concurrence  of 
two-thirds  of  the  members  present. 

7.  Judgment,  in  cases  of  impeachment,  shall  not  extend 
farther  than  to  removal  from  office,  and  disqualification 
to  hold  and  enjoy  any  office  of  honor,  trust,  or  profit, 
under  the  United  States  ;  hut  the  party  convicted  shall, 
nevertheless,  he  liable  and  subject  to  indictment,  trials 
judgment,  and  punishment  according  to  law. 

16 


182  THE    CONSTITUTION. 

Sect.  IV. — 1.  The  times,  places,  and  manner  of  hold' 
ing  elections  for  senators  and  representatives,  shall  he 
prescribed  in  each  state  by  the  legislature  thereof;  but 
the  Congress  may  at  any  time  by  law  make  or  alter 
such  regulations,  except  as  to  the  places  of  choosing 
senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every 
year  ;  and  such  meeting  shall  be  on  the  first  Monday  in 
December,  unless  they  shall  by  laio  appoint  a  different 
day. 

Sect.  V. — 1.  Each  house  shall  be  judge  of  the  elec' 
iioTis,  returns,  and  qualifications  of  its  own  members  ; 
and  a  majority  of  each  shall  constitute  a  quorum  to  do 
business ;  but  a  smaller  number  may  adjourn  from  day 
to  day,  and  may  be  authorized  to  compel  the  attendance 
of  absent  members,  in  such  manner,  and  under  such 
penalties,  as  each  house  may  provide. 

2.  Each  house  may  determine  the  rules  of  its  proceed' 
ings,  punish  its  members  for  disorderly  behavior,  and^ 
with  the  concurrence  of  two-thirds,  expel  a  member. 

3.  Each  house  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  excepting  such 
parts  as  may,  in  their  judgment,  require  secrecy ;  and 
the  yeas  and  nays  of  the  members  of  either  house,  on  any 
question,  shall,  at  the  desire  of  one-fifth  of  those  present 
be  entered  on  the  journal. 

4.  Neither  house,  during  the  session  of  Congress,  shall 
without  the  consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  place  than  that  in  which  th( 
two  houses  shall  be  sitting. 

Sect.  VI. — 1.  The  senators  and  representatives  shall 
receive  a  compensation  for  their  services,  to  be  ascer- 
tained  by  laiv,  and  paid  out  of  the  treasury  of  the  United 
States.  They  shall,  in  all  cases,  except  treason,  felony, 
and  breach  of  the  peace,  be  privileged  from  arrest,  during 
their  attendance  at  the  session  of  their  respective  houses, 
and  in  going  to  and  returning  from  the  same  ;  and  for 


THE    CONSTITUTION.  183 

any  speech  or  debate  in  either  house^  they  shall  Twt  he 
questioned  in  any  other  place. 

The  importance  of  having  a  member  of  Congress 
free  from  arrest,  during  the  session,  is  obvious ;  for 
if  he  could  be  -arrested,  he  might  be  kept  away, 
when  his  single  vote  Avould  decide  the  most  moment- 
ous questions.  It  is  important,  too,  that  members 
should  be  permitted  to  speak  freely,  without  fear 
of  consequences,  else  they  might  be  overawed, 
and  truths,  essential  to  the  public  welfare,  might 
be  suppressed. 

2.  No  senator  or  representative  shall,  during  the  time 
for  which  he  was  elected,  be  appointed  to  any  civil  office 
under  the  authority  of  the  tlnited  States,  which  shall 
have  been  created,  or  the  emoluments  whereof  shall  have 
been  increased,  during  such  time ;  and  no  person  hold' 
ing  any  office  under  the  United  States,  shall  be  a  member 
of  either  house  during  his  continuance  in  office. 

The  propriety  of  these  restrictions  is  obvious; 
for  if  a  senator  or  representative  could  hold  an 
office  under  the  general  government,  they  might 
thus  be  effectually  bribed  by  the  Executive :  and 
if  they  could  be  appointed  to  offices  created,  or  the 
emoluments  of  which  were  increased  during  their 
term,  they  might  legislate  with  a  corrupt  view  to 
the  obtaining  of  such  places  for  themselves. 

Sec.  VII. — 1.  All  bills  for  raising  revenue  shall  orig- 
inate in  the  House  of  Representatives ;  but  the  Senate 
may  propose  or  concur  with  amendments,  as  on  other 
hills. 

As  the  people  pay  the  taxes,  it  is  a  wise  and  just 
provision  that  all  bills  which  are  designed  to  raise 
money  from  the  people,  for  the  support  of  govern- 
ment, should  originate  with  the  popular  branch  of 


184  THE    CONSTITUTION. 

the  legislative  body,   and    which  is  understood, 
more  particularly,  to  represent  the  people. 

2.  Ever7j  bill^  lohich  shall  have  passed  the  House  of 
Representatives  and  the  Senate,  shall,  before  it  becomes  a 
law,  be  presented  to  the  president  of  the  United  States :  if 
he  approves,  he  shall  sign  it ;  but  if  7iot,  he  shall  return 
it  with  his  objections  to  that  house  in  which  it  shall  have 
originated,  who  shall  enter  the  objections  at  large  on  their 
journal,  and  'proceed  to  reconsider  it.  If,  after  such  re- 
consideration, two-thirds  of  that  house  shall  agree  to 
pass  the  bill,  it  shall  be  sent,  together  with  the  objections, 
to  the  other  house,  by  which  it  shall  likewise  be  reconsid- 
ered; and  if  approved  by  two-thirds  of  that  house,  it  shall 
become  a  law.  But  in  all  such  cases,  the  votes  of  both 
houses  shall  be  determined  by  yeas  and  nays ;  and  the 
naTues  of  the  persons  voting  for  and  against  the  bill  shall 
be  entered  on  the  journal  of  each  house  respectively.  If 
any  bill  shall  not  be  returned  by  the  president  within  ten 
days  ( Sundays  excepted)  after  it  shall  have  been  present- 
ed to  him,  the  same  shall  be  a  law  in  like  manner  as  if 
he  had  signed  it,  unless  the  Congress,  by  their  adjourn- 
7nent,  prevent  its  return  ;  in  which  case,  it  shall  not  be  a 
law. 

This  passage  gives  the  president  the  power  to 
stop  the  passage  of  any  bill  passed  by  both  houses, 
by  sending  it  back  to  the  house  in  which  it  origin- 
ated, with  his  objections.  This  is  called  a  veto^ 
which  is  a  Latin  word  signifying  I  prohibit.  The 
king  of  England  has  a  veto  power,  but  it  has  not 
been  resorted  to  in  modern  times.  The  king  of 
France  had  also  a  veto  power,  but  when  he  used 
it,  during  the  revolution,  it  created  a  resentment 
which  hurled  him  from  the  throne.  The  veto  be- 
longs to  several  European  governments 


THE   CONSTITUTION.  185 

This  power  has  been  frequently  used  of  late,  by 
the  presidents  of  the  United  States.  If  a  president 
vetoes  a  bill,  it  still  becomes  a  law,  if  two  thirds 
of  both  houses  of  Congress  vote  for  it,  after  its 
return.  A  bill  becomes  a  law  without  the  signa- 
ture of  the  president,  if  he  does  not  return  it  in 
ten  days^  Sundays  excepted. 

3.  Every  order,  resolution,  or  vote,  to  which  the  cori' 
currence  of  the  Senate  and  Hoiise  of  Representatives 
may  he  necessary,  [except  on  a  question  of  adjournment^ 
shall  he  presented  to  the  president  of  the  United  States  ; 
and,  before  the  same  shall  take  effect,  shall  he  approved 
hy  him,  or,  heing  disapproved  hy  him,  shall  be  repassed 
hy  tivo-thirds  of  the  Senate  and  House  of  Representa- 
tives, according  to  the  rules  and  limitations  prescribed 
in  the  case  of  a  bill. 

Sect.  VIII. —  The  Congress  shall  have  power — 

1.  To  lay  and  collect  taxes,  duties,  imposts,  and  ex- 
cises ;  to  pay  the  debts,  and  provide  for  the  common 
defence  and  general  welfare  of  the  United  States  ;  but  all 
duties,  imposts,  and  excises  shall  be  uniform  throughout 
the  United  States : 

2.  To  borrow  money  on  the  credit  of  the  United  States: 

3.  To  regulate  commerce  ivith  foreign  nations,  and 
among  the  several  states,  and  with  the  Indian  tribes : 

4.  To  establish  an  uniform  rule  of  naturalization,  and 
uniform  laivs  on  the  subject  of  bankruptcies,  throughout 
the  United  States: 

5.  To  coin  money,  regulate  The  value  thereof,  and  of 
foreign  coin,  and  fix  the  standard  of  iveights  dind  rrnas' 
ures : 

6.  To  provide  for  the  punishment  of  counterfeiting 
the  secitrities  and  current  coin  of  the  United  States : 

7.  To  establish  post-offices  and  post-roads : 

8.  To  promote  the  progress  of  science  and  useful  arts 
by  securing^  for  limited  times,  to  authors  and  inventors, 

16=^ 


186  THE   CONSTITUTION. 

the  exclusive  right  to  their  respective  writings  and  dis- 
cover  ies : 

9.  To  constitute  tribunals  inferior  to  the  Supreme 
Court :  to  define  and  pu7iish  piracies  and  felonies  com- 
mitted on  the  high  seas,  and  offences  against  the  laiv  of 
nations : 

10.  To  declare  war,  grant  letters  of  marque  and  re- 
prisal, and  make  rules  concerning  captures  on  land  and 
water. 

11.  To  raise  and  support  armies;  hut  no  appropria- 
tion of  money  to  that  use  shall  he  for  a  longer  term  than 
two  years : 

12.  To  provide  and  maintain  a  navy  : 

13.  To  make  rules  for  the  government  and  regulation 
of  the  land  and  7iaval  forces : 

14.  To  provide  for  calling  forth  the  militia  to  execute 
the  laws  of  the  Union,  to  suppress  insurrections,  and  repel 
invasions : 

15.  To  provide  for  organizing,  arming,  and  disci- 
plining the  militia,  and  for  governing  such  parts  of  them 
as  may  be  employed  in  the  service  of  the  United  States  ; 
reserving  to  the  states  respectively  the  appointment  of  the 
officers,  and  the  authority  of  training  the  militia,  accord- 
ing to  the  discipline  prescribed  by  Congress. 

16.  To  exercise  exclusive  legislation,  in  all  cases  what- 
soever, over  such  district  {not  exceeding  ten  miles  square) 
as  may,  by  cession  of  particular  states,  and  the  acceptance 
of  Congress,  become  the  seat  of  the  government  of  the  United 
States,  and  to  exercise  like  authority  over  all  places  pur- 
chased by  the  consent  of  the  legislature  of  the  state  in 
which  the  same  shall  be* for  the  erection  of  forts,  maga 
zines,  arsenals,  dock-yards,  and  other  needful  buildings 
— And, 

17.  To  make  all  laws  which  shall  be  necessary  ana 
proper,  for  carrying  into  execution  the  foregoing  poivers, 
and  all  other  powers  vested  by  this  Constitution  in  the 
government  of  the  United  States,  or  in  any  department 
or  officer  thereof 


THE   CONSTITUTION.  187 

This  important  paragraph  prescribes  the  powers 
of  Congress.  In  the  first  place  it  authorizes  them 
to  "  lay  and  collect  taxes ^  duties^  imposts^  and  cxci- 
ses,^^  Taxes  are  laid  upon  property,  as  houses, 
lands,  income,  &c.  Duties  or  imposts  are  levied 
upon  foreign  goods,  imported  into  the  country.  To 
secure  and  collect  these,  custom  houses  are  estab- 
lished, where  vessels  are  obliged  to  be  entered,  and 
where  a  careful  examination  of  the  goods  takes 
place,  so  as  to  see  that  the  duties  are  properly  laid 
and  levied. 

The  chief  revenue  of  the  government  of  the 
United  States-  is  derived  from  duties  laid  on  foreign 
goods :  there  has  been  a  resort  to  direct  taxation, 
only  during  war,  or  in  anticipation  of  it.  The 
separate  states  generally  derive  their  revenues  from 
direct  taxes  on  houses,  lands,  money,  stocks,. and 
sometimes  upon  a  man's  income. 

As  the  government  needs  money  for  its  support, 
it  is  the  duty  of  every  one  cheerfully  to  pay  his 
taxes,  provided  they  are  properly  assessed  ;  but  as 
taxes  are  a  burthen  upon  the  labor  of  a  country, 
a  wise  people  will  endeavor  always  to  see  that 
they  are  as  light  as  possible,  whether  levied  in 
the  shape  of  direct  taxes  or  duties  upon  imported 
goods. 

Congress  may  ^^  regulate  commerce  ivith  foreign 
nations  J  and  among  the  several  states^  and  with  the 
Indian  tribes P  These  few  words  convey  a  vast 
trust.  It  takes  from  the  several  states,  the  power  of 
regulating  trade  and  commercial  intercourse,  and 
gives  it  up  wholly  to  Congress. 

It  gives  to  Congress  the  control  of  trade  and 
navigation  with  the  states — such  as  the  coasting 
trade   and  fisheries;. •the  government  of  seamen 


188  THE   CONSTITUTION. 

on  board  American  ships;  the  enacting  of  pilot 
laws,  quarantine  laws,  and  laws  respecting  wrecks 
at  sea,  &c.  It  gives  the  power  of  laying  embar- 
goes, building  light-houses,  placing  of  buoys  and 
beacons;  removal  of  obstructions  in  rivers  and 
bays,  &CC. 

The  other  powers  conferred  on  Congress  are 
so  clearly  stated  as  hardly  to  need  exposition.  It 
may  be  well,  however,  to  say  that  the  power  ^' to 
exercise  exclusive  legislation  over  such  district  {not 
exceeding  ten  miles  square)  as  may  become  the  seat 
of  government  of  the  Uiiited  States,^  ^  has  relation  to 
the  District  of  Columbia.  When  the  Constitution 
first  went  into  operation,  New  York,  and  after- 
wards Philadelphia,  was  the  seat  of  the  general 
government. 

But  it  appears  that  when  the  Constitution  was 
adopted,  it  was  had  in  contemplation  to  remove  to 
some  other  district ;  and  therefore  this  provisional 
article  was  introduced.  The  District  of  Columbia, 
which  is  now  under  the  government  of  Congress, 
(Washington  having  become  the  seat  of  government 
in  1800,)  is  ten  miles  square,  and  was  ceded  to  the 
United  States  by  Virginia  and  Maryland,  to  which 
it  belonged. 

Sect.  IX. — 1.  The  migration  or  importation  of  such 
persons  as  any  of  the  states  now  existing  shall  think 
proper  to  admit,  shall  not  be  prohibited  by  the  Congress 
prior  to  the  year  one  thousand  eight  hundred  and  eight ; 
but  a  tax  or  duty  may  be  imposed  on  such  importation^  not 
exceeding  ten  dollars  for  each  person. 

As  the  '■'"power  of  regulating  corrvmerce^''  given 
to  Congress,  was  understoo4  to  enable  that  body  to 
prohibit  the  foreign  slave  trade,  this  article  was  in- 


THE    CONSTITUTION.  189 

troduced  to  prevent  such  an  act,  before  the  year 
1808.  As  soon  as  this  restriction  was  at  an  end, 
Congress  proceeded  to  aboUsh  the  foreign  slave 
trade,  thus  affording  the  first  example  of  its  inter- 
diction in  modern  times. 

2.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended^  unless  ivhen,  in  cases  of  rebellion  or  inva* 
sion,  the  public  safety  may  require  it. 

'-^Habeas  corpus''^  is  a  kind  of  writ,  known  to 
the  common  law,  and  is  used  when  a  person  is  im- 
prisoned, to  ascertain  whether  the  imprisonment  is 
lawful  or  not.  In  despotic  and  ill-governed  coun- 
tries, it  often  happens  that  a  person  is  taken  up  and 
put  in  prison,  where  he  may  lie  for  months  or  years 
without  a  trial,  and  as  the  case  may  be,  without 
any  sufficient  cause.  This  writ  of  '-'■  habeas  corpus^^ 
enables  the  person  imprisoned  to  have  the  body  {ha- 
beas corpus  J  meaning,  have  the  body)  brought  before 
the  judge,  and  if  the  cause  is  insufficient,  he  is  set 
at  liberty.  This  writ  of  habeas  corpus  is  therefore 
a  great  safeguard  to  personal  liberty,  and  its  preser- 
vation is  a  matter  of  the  greatest  importance. 

3.  No  bill  of  attainder,  or  ex  post  facto  law,  shall  be 
2)assed. 

A  ^^bill  of  attaiiider^^  is  an  act  passed  by  the 
legislature,  convicting  a  person  of  some  crime,  and 
inflicting  the  punishment  of  death,  without  trial. 
It  is  a  power  in  which  the  greatest  tyranny  has  been 
exercised  in  foreign  countries,  and  its  prohibition 
is,  therefore,  in  the  highest  degree,  proper. 

An  "e.Y  post  facto^'  law  is  one  which  is  passed 
after  the  act  is  done ;  it  is  a  law  which  operates 
upon  the  past,  and  generally  applies  to  public 
offences.     If  Congress  could  pass  an  ex  post  facto 


190  -ii^  *rHE   CONSTITUTION. 

laiOj  they  could  make  any  acts  criminal  which 
have  heretofore  been  lawful,  and  thus  inflict  the 
greatest  cruelty  and  injustice. 

4.  No  capitation^  or  other  direct  tax  shall  he  laidj 
unless  in  proportion  to  the  census  or  enumeration  herein 
before  directed  to  be  taken. 

5.  No  tax  or  duty  shall  be  laid  on  articles  exported 
from  any  state.  No  preference  shall  be  given  by  any 
regulation  of  commerce  or  revenue,  to  the  ports  of  one 
state  over  those  of  another  ;  nor  shall  vessels  bound  to  or 
from  one  state  be  obliged  to  enter ^  clear ,  or  pay  duties 
in  another. 

6.  No  money  shall  be  drawn  from  the  treasury,  but  m 
consequence  of  appropriations  made  by  law  ;  and  a  regu- 
lar statement  and  account  of  the  receipts  and  expendi- 
tures of  all  public  money  shall  be  published  from  time  to 
time. 

These  restrictions  upon  the  disbursement  of  pub- 
lic moneys,  and  regulations  respecting  the  public 
accounts,  are  indispensable,  in  order  to  prevent  the 
misapplication  of  funds,  and  to  make  all  public  of- 
ficers feel  that  their  conduct,  in  these  matters,  must 
imdergo  a  careful  scrutiny.  If  it  were  not  for  this 
first  provision,  the  president  of  the  United  States 
would  have  no  check  upon  the  expenditures  of 
public  money.  This  stipulation  renders  him,  in 
respect  to  money^  dependent  upon  the  people's* 
representatives. 

7.  No  title  of  nobility  shall  be  granted  by  the  U?iited 
States;  and  no  person  holding  any  office  of  profit  or  trust 
under  them,  shall,  without  the  consent  of  Congress,  ac- 
cept of  any  present,  emolument,  office  or  title,  of  any  kind 
whatever,  from  any  king,  prince,  or  foreign  state. 

This  passage  prohibits  titles  of  nobility,  which 
lay  a  foundation  for  imequal  ranks  and  privi- 


THE   CONSTITUTION.  #-  191 

leges ;  and  prohibits  public  officers  from  receiving 
presents  from  foreign  powers,  by  which  means,  as 
history  teaches  us,  so  many  persons  have  been 
bribed  to  betray  their  country. 

Sect.  X. — 1.  No  state  shall  enter  i?ito  any  treaty,  alii' 
ance,  or  co?ifederatio7i ;  grant  letters  of  marque  and  re- 
prisal ;  coin  mojiey,  emit  hills  of  credit ;  make  anything 
but  gold  and  silver  coin  a  tender  in  payment  of  debts  ; 
pass  any  bill  of  attainder,  ex  post  facto  law,  or  laio  im- 
pairing the  obligation  of  contracts;  or  grant  any  title 
of  nobility. 

2.  No  state  shall,  without  the  consent  of  Congress,  lay 
any  imposts  or  duties  on  imports  or  exports,  except  what 
may  he  absolutely  necessary  for  executing  its  inspection 
laws  ;  and  the  net  produce  of  all  duties  and  imposts  laid 
by  any  state  on  imports  or  exports,  shall  be  for  the  use  of 
the  treasury  of  the  United  States;  and  all  such  laws  shall 
be  subject  to  the  revision  and  control  of  the  Congress. 
No  state  shall,  loithout  the  consent  of  Congress,  lay  any 
duty  on  tonnage,  keep  troops  or  ships  of  war  in  time  of 
peace,  enter  into  any  agreement  or  compact  with  another 
state,  or  ivith  a  foreign  power,  or  engage  in  ivar,  uiiless 
actually  invaded,  or  in  such  imminent  danger  as  will  not 
admit  of  delay. 

This  important  section  lays  various  restrictions 
upon  the  states.  The  ^'- bills  of  credit^''  referred  to 
were  a  well  known  denomination  of  paper  money, 
issued  by  the  colonies  before  the  revolution,  and  at 
a  later  period  by  the  states.  As  there  were  no  suf- 
ficient funds  to  meet  them,  they  depreciated,  so  that 
sometimes  a  thousand  dollars  in  paper  passed  for 
one  of  silver.  The  evils  that  flowed  from  this 
source  were  of  the  most  aggravated  kind;  and 
therefore  we  see  the  wisdom  of  providing  against 
this  fruitful  cause  of  mischief. 


192  THE  CONSTITUTION. 

ARTICLE   II. 

We  shall  see  that  this  article  relates  to  the 
Executive  branch  of  the  government. 

Sect.  I. — 1.  The  executive  power  shall  he  vested  i7i  a 
President  of  the  United  States  of  America.  He  shall 
hold  his  office  during  the  term  of  four  years^  and,  togeth- 
er  with  the  Vice-Pj-esident,  chosen  for  the  same  term,  be 
elected  a^  follows  : 

2.  Each  state  shall  appoint,  in  such  a  manner  as  the 
legislature  thereof  may  direct,  a  number  of  electors,  equal 
to  the  whole  number  of  senators  and  representatives  to 
which  the  state  may  be  entitled  in  the  Congress  ;  but  no 
senator  or  representative,  or  person  holding  an  office  of 
trust  or  profit  under  the  United  States,  shall  he  ap- 
pointed an  elector. 

[A  paragraph  is  here  cancelled,  Article  XIL  of 
the  Amendments  being  substituted  for  it,  which 
see.] 

4.  The  Congress  may  determine  the  time  of  choosing 
the  electors,  and  the  day  on  which  they  shall  give  their 
votes  ;  which  day  shall  be  the  same  throughout  the  United 
States. 

5.  No  person  except  a  natural  horn  citizen,  or  a  citi- 
zen of  the  United  States  at  the  time  of  the  adoption  of 
this  Constitution,  shall  be  eligible  to  the  office  of  presi- 
dent; neither  shall  any  person  be  eligible  to  that  office 
who  shall  not  have  attained  to  the  age  of  thirty-five  years, 
and  been  fourteen  years  a  resident  within  the  United 
States. 

6.  In  case  of  the  removal  of  the  President  from  office, 
or  of  his  death,  resignation,  or  inability  to  discharge  the 
powers  and  duties  of  the  said  office,  the  same  shall  devolve 
on  the  Vice-President ;  and  the  Congress  may  by  law 
provide  for  the  case  of  removal,  death,  resignation,  or  in- 
ability, both  of  the  President  and  Vice-President,  declar- 


THE    CONSTITUTION.  198 

tng  what  officer  shall  then  act  as  President ;  and  such 
officer  shall  act  accordingly,  until  the  disability  be  remov- 
ed, or  a  President  shall  be  elected. 

No  President  has  died  while  in  office,  except 
Harrison.  He  took  the  oath  of  office  March  4, 
1841,  and  died  in  a  month  after.  John  Tyler, 
then  Vice-President,  succeeded  to  the  office  of  Pre- 
sident, assuming  all  the  powers  and  functions  of  the 
station,  as  if  he  had  been  directly  elected  President. 

7.  The  President  shall,  at  stated  times,  receive  for  his 
services  a  compensation  lohich  shall  neither  be  increased 
nor  diminished  dicring  the  period  for  which  he  shall  have 
been  elected  ;  and  he  shall  not  receive,  within  that  period, 
any  other  emolument  from  the  United  States,  or  any  of 
them. 

8.  Before  he  enter  on  the  execution  of  his  office,  he  shall 
take  the  following  oath  or  affirmation  : 

9.  "  I  do  solemnly  swear  [or  affirm]  that  I  will  faith' 
fully  execute  the  office  of  President  of  the  United  States, 
and  will,  to  the  best  of  my  ability,  preserve,  protect,  and 
defend  the  Constitution  of  the  United  States." 

The  salary  of  the  president  is  fixed  at  twenty- 
five  thousand  dollars  a  year,  as  before  stated. 

Sect.  II. — 1.  The  President  shall  be  commander-in- 
chief  of  the  army  and  navy  of  the  United  States,  and  of 
the  militia  of  the  several  states,  when  called  into  the  ac' 
tual  service  oftheUnited  States  ;  he  may  require  the  opin- 
ion  in  ivriting  of  the  principal  officer  in  each  of  the 
executive  departments,  upon  any  subject  relating  to  the 
duties  of  their  respective  offices  ;  and  he  shall  have  power 
to  grant  reprieves  and  pardons  for  offences  against  the 
United  States,  except  in  cases  of  impeachment . 

2.  He  shall  have  power,  by  and  with  the  advice  and 
conse7it  of  the  Seriate,  to  make  treaties,  provided  two 
thirds  of  the  senators  present  concur  ;  and  he  shall  nom^ 
17  13 


StLl 

194  THE    CONSTITUTION. 

inate,  and  by  and  with  the  advice  and  consent  of  the  Sen* 
ate,  shall  appoint  ambassadors,  other  public  ministers,  and 
consuls,  judges  of  the  supreme  court,  arid  all  other  officers 
of  the  United  States,  whose  appointments  are  not  hereiii 
otherwise  provided  for,  and  which  shall  be  established  by 
law.  But  the  Congress  may  by  law  vest  the  appointment 
of  such  inferior  officers  as  they  think  proper  in  the  presi- 
dent alone,  in  the  courts  of  law,  or  in  the  heads  of  de- 
partments. 

3.  The  Presidejit  shall  have  power  to  fill  up  all  vacan- 
cies that  may  happen  during  the  recess  of  the  Senate,  by 
granting  commissions  which  shall  expire  at  the  end  of 
their  next  session. 

The  power  of  appointing  or  nominating  to  office, 
IS  one  of  the  greatest  means  of  influence  possess- 
ed by  the  executive.  The  number  of  persons  in 
the  employ  of  the  general  government  is  many 
thousands :  it  is  said  there  are  nearly  ten  thousand 
postmasters,  alone.  It  is  obvious  that  the  individ- 
ual who  has  in  his  control  so  many  places  of  trust 
and  emolument,  has  a  patronage  which  he  may 
exert  to  his  own  political  advantage,  if  he  so  chooses. 

It  must  be  considered,  however,  that  there  is 
always  a  tide  of  opposition,  created  by  those  ont  of 
office,  against  those  who  are  in ;  so  that  it  seems 
necessary  that  an  administration  should  possess 
some  means  of  resisting  this  outward  force.  The 
patronage  of  the  government  is  therefore  perhaps 
no  more  than  a  necessary  and  proper  power,  by 
which  the  government  resists  the  shock  of  opposi- 
tion. It  is  only  wiien  corruptly  used  that  it  is  to 
be  feared. 

Sect.  III. — 1.  He  shall  from  time  to  time  give  Congress 
information  of  the  state  of  the  Union,  and  Yecommend  to 
their  consideration  suck  measures  as  he  shall  judge  nC" 


.M 


THE     CONSTITUTION.  195 

cessary  and  expedient ;  he  may,  on  extraordinary  occa- 
sioris,  convene  both  houses,  or  either  of  them  ;  and  in  case 
of  disagreement  between  them,  with  respect  to  the  time  of 
adjournment,  he  may  adjourn  them  to  such  time  as  he 
shall  think  proper ;  he  shall  receive  ambassadors  and 
other  public  ministers ;  he  shall  take  care  that  the  laws 
be  faithfully  executed  ;  and  shall  commission  all  the  offi- 
cers of  the  United  States. 

When  Congress  come  together,  the  president 
sends  them  a  message,  in  compUance  with  this 
section,  setting  forth  his  views  of  pubUc  afiairs: 
and  from  time  to  time,  he  sends  them  special  mes- 
sages, relating  to  such  topics  as  he  deems  worthy 
of  special  attention. 

Sect.  IV. — 1.  The  President,  Vice-President,  and  all 
civil  officers  of  the  United  States,  shall  be  removed  from 
office  on  impeachment  for,  and  conviction  of,  treason^ 
bribery,  or  other  high  crimes  and  misdemeanors. 

ARTICLE    III. 

This  article  relates  to  the  Courts^  or  Judiciary, 
of  the  United  States. 

Sect.  I. —  The  judicial  power  of  the  United  States 
shall  be  vested  in  one  Supreme  Court,  and  in  such  infe- 
rior courts  as  the  Congress  may  from  time  to  time  ordai^i 
and  establish.  The  judges,  both  of  the  supreme  and  i7i- 
ferior  courts,  shall  hold  their  offices  during  good  behav- 
ior, and  shall,  at  stated  times,  receive  for  their  services 
a  compensation  which  shall  not  be  diminished  during 
their  continuance  in  office. 

Sect.  II. — 1.  The  judicial  power  shall  extend  to  all 
cases  in  laid  and  equity,  arising  under  this  Co^istitzition, 
the  laws  of  the  United  States,  and  treaties  made,  or  which 
shall  be  made  under  their  authority ;  to  all  cases  affecting 
ambassadors,  other  public  ministers,  and  consuls ;  to  all 


XfO  THE     CONSTITUTION. 

cases  of  admiralty  and  maritime  jurisdiction ;  to  con- 
troversies to  lohich  the  U7iited  States  shall  he  a  party  ;  to 
controversies  between  tivo  or  more  states;  between  a  state 
and  citizens  of  another  state;  between  citizens  of  different 
states  between  citizens  of  the  same  state  claiming  lands 
under  grants  of  different  states;  and  betioeen  a  state  or  the 
citizens  thereof  and  foreign  states^  citizens  or  subjects. 

2.  In  all  cases  affecting  ambassadors,  other  public  ?nin' 
istersy  and  consuls,  and  those  in  ivhich  a  state  shall  be  a 
party,  the  supreme  court  shall  ham  original  jurisdiction. 
In  all  the  other  cases  before  mentioned,  the  supreme  court 
shall  have  appellate  jurisdiction,  both  as  to  law  and  fact, 
with  sujch  exceptions,  and  under  such  regulations,  as  the 
Congress  shall  make. 

By  '■^ original  jurisdiction^''^  it  is  meant  that  tlie 
suit  may  be  brought  at  once  before  the  United 
States  court;  by  '•^appellate  jurisdiction,''^  it  is 
meant  that  cases  begun  in  the  state  courts  may  be 
brought,  by  appeal,  before  the  United  States  court. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeach- 
ment, shall  be  by  jury ;  and  such  trial  shall  be  held  in  the 
state  where  the  said  crimes  shall  have  been  committed  ;  but 
when  not  committed  within  any  state,  the  trial  shall  beat 
such  place  or  places  as  the  Congress  may  by  law  have 
directed. 

•Two  important  points  are  here  secured;  the 
^^ trial  by  jury"  in  criminal  cases;  and  a  trial  in 
the  state  where  the  crime  is  said  to  be  committed. 

We  have  already  spoken  of  the  trial  by  jury,  as 
originating  in  England,  and  being  one  of  the  rights 
secured  by  Magna  Charta.  Its  design  is  to 
obtain  a  trial  by  one's  ^' peers"  or  equals;  and  not 
to  be  tried  by  a  class  of  persons  who  are  likely  to 
feel  no  sympathy  with  the  accused.  It  is  esteemed 
one  of  the  great  bulwarks  of  human  liberty. 


THE   CONSTITUTION.  197 

/.-  Sect.  III. — 1.  Treason  against  the  United  States  shall 
consist  only  in  levying  war  against  them^  or  in  adhering 
to  their  enemies^  giving  them  aid  and  comfort.  No  per- 
sen  shall  be  convicted  of  treason,  unless  on  the  testimony 
of  two  witnesses  to  the  same  overt  act,  or  on  confession  in 
open  court. 

2,  The  Congress  shall  have  power  to  declare  the  pun- 
ishment  of  treason ;  but  no  attainder  of  treason  shall 
work  corruption  of  blood,  or  forfeiture,  except  during  the 
life  of  the  person  attainted. 

In  England,  treason  is  defined  to  be  any  overt 
act  which  has  for  its  tendency  or  object  the  death 
of  the  king.  Levying  war  against  the  king ;  wri- 
tings which  import  his  death;  rebelUon;  inciting 
foreigners  to  invade  the  kingdom ;  openly  adhering 
to  the  king's  enemies,  are  all  acts  of  treason. 

The  Constitution  defines  acts  of  treason  against 
the  United  States,  ''to  consist  in  levying  war 
against  them,  or  in  adhering  to  their  enemies,  giv- 
ing them  aid  and  comfort."  Treason  is  gener- 
ally deemed  the  highest  crime  against  civil  society, 
and  its  aim  being  to  overthrow  the  government,  it 
is  apt  to  excite  the  fiercest  resentment  of  the  com- 
munity. History  furnishes  abundant  evidence  of 
this,  especially  in  England,  where  the  existing  law 
in  respect  to  this  crime,  still  punishes  the  offender 
by  drawing  him  on  a  hurdle  to  the  place  of  execu- 
tion :  he  is  then  hanged,  his  head  cut  off,  and  his 
body  divided  into  four  quarters.  The  king,  how- 
ever, may  dispense  with  these  savage  accessories 
to  the  execution. 

So  many  persons  have,  in  former  times,  been  ar- 
rested and  executed  on  vague  charges  of  treason, 
that  it  became  important  to  define  it  very  carefully, 
and  to  require  adequate  evidence  of  the  fact.  If  it 
^17 


198  THE   CONSTITUTION. 

were  not  clearly  defined,  or  if  precipe  testimony 
were  not  required,  it  would  be  easy  for  judges, 
under  the  influence  of  the  government,  or  incited 
by  corrupt  and  selfish  motives,  to  make  treason  of 
inferior  crimes,  and  the  natural  jealousy  of  the 
community  might  bear  them  out.  Congress,  hav- 
ing the  power  to  fix  the  punishment  of  treason, 
have  enacted  that  it  shall  be  by  hanging,  without 
the  horrid  accompaniments  adopted  in  other  coun- 
tries. 

The  clause  may  need  explanation,  which  says 
''  hut  no  attainder  of  treason^  shall  work  corruption 
of  bloody  or  forfeiture^  except  during  the  life  of  the 
person  attainted?''  Attainder,  in  its  original  feudal 
sense,  was  a  fiction  of  the  law,  tainting  and  cor- 
rupting the  blood,  and  descending  to  several  gen- 
erations, so  as  to  disqualify  them  from  holding 
property.  A  person  attainted  of  treason,  that  is, 
accused  and  convicted  of  treason,  in  England,  not 
only  forfeited  his  estate,  but  he  was  held  inca- 
pable of  having  legal  heirs,  and  his  property  re- 
verted to  the  king. 

As  great  tyranny  and  injustice  had  often  been 
inflicted  by  attainders,  in  England,  our  wise 
fathers  here  provided  that  no  attainder  or  convic- 
tion of  treason,  should  work  corruption  of  blood ; 
that  is  aflect  the  right  of  holding  property,  beyond 
the  criminal  himself 

There  have  been  several  trials  in  the  United 
States  for  treason  :  but  one  of  the  most  celebrated 
cases  was  that  of  Aaron  Burr,  a  lawyer  of  New 
York,  of  great  ability,  and  elected  Vice-President 
of  the  United  States  in  1801.  Having  fought  a 
duel  and  killed  his  antagonist,  the  famous  Alexan- 
der Hamilton,  he  became  a  desperate  man,  and  en- 


THE    CONSTITUTION.  199 

gaged  in  certain  schemes  for  seizing  upon  New  Or- 
leans and  portions  of  the  adjacent  country  then 
belonging  to  Spain,  and  founding  an  empire  there. 

He  proceeded  in  the  prosecution  of  his  plans, 
and  had  already  involved  various  individuals  in 
them,  when  he  was  arrested  and  brought  to  trial 
before  the  Supreme  Court  of  the  United  States,  at 
Washington.  This  took  place  in  1806.  The  trial 
was  one  of  the  most  interesting  that  has  ever  oc- 
curred in  the  country. 

It  was  on  this  occasion  that  William  Wirt,  the 
attorney  for  the  United  States,  made  the  famous 
plea,  in  which  he  describes  so  beautifully  the  ar- 
rival of  Burr  in  the  enchanting  island  of  Blanner- 
hasset — where  he  converts  an  earthly  paradise  into 
a  scene  of  misery,  as  the  serpent  of  Eden  made 
that  blissful  earden  the  scene  of  our  first  parents' 
fall.  ^ 

Though  there  could  be  no  doubt  of  the  criminal 
intentions  of  Burr,  the  proof  of  any  overt  act  of 
treason  was  wanting,  and  he  was  acquitted.  He 
soon  after  left  this  country,  a  disgraced  and 
despised  man.  In  his  old  age  he  returned,  and 
living  obscurely  in  New  York  for  a  few  years,  he 
died  in  1837,  a  melancholy  witness  to  the  fact,  that 
great  talents  only  injure  the  possessor  and  man- 
kind, if  not  regulated  by  moral  principle. 
ARTICLE    IV. 

Sect.  I. — Full  faith  and  credit  shall  be  given,  in  each 
state,  to  the  public  acts,  records,  and  judicial  proceedings 
of  every  other  state  :  and  the  Congress  may,  by  general 
laws,  prescribe  the  manner  in  which  such  acts,  records^ 
and  proceedings  shall  be  proved,  and  the  effect  thereof. 

Sect.  II. — 1.  The  citizens  of  each  state  shall  be  enti- 
tied  to  all  the  privileges  and  imimmities  of  citizens  in  the 
several  states. 


200  THE    CONSTITUTION. 

2.  A  person  charged  in  any  state  with  treason^  felony, 
or  other  crime,  who  shall  Jlee  from  justice,  and  be  found 
in  another  state,  shall,  on  demand  of  the  executive  author- 
ity  of  the  state  from  which  he  fled,  be  delivered  up,  to  be 
removed  to  the  state  having  jurisdiction  of  the  crime. 

3.  No  person  held  to  service  or  labor  in  one  state,  under 
the  laios  thereof,  escaping  into  another,  shall,  in  conse- 
quence of  any  law  or  regulation  therein,  be  discharged 
from  such  service  or  labor  ;  but  shall  be  delivered  up,  on 
claim  of  the  party  to  whom  such  service  or  labor  may  be 
due. 

By  ^^ person  held  to  service,^ ^  is  here  meant  a 
slave ;  and  the  provision  is  intended  to  enable  the 
masters  of  slaves  to  recover  them,  if  they  escape 
into  other  states. 

Sect.  III. — 1.  New  states  may  be  admitted  by  the 
Congress  into  this  Union  ;  but  no  new  state  shall  be  form- 
ed  or  erected  within  the  jurisdiction  of  any  other  state, 
nor  any  state  be  formed  by  the  junction  of  two  or  more 
states,  or  parts  of  states,  ivithout  the  consent  of  the  legis- 
latures  of  the  states  concerned,  as  well  as  of  the  Congress. 

2.  The  Congress  shall  have  poiver  to  dispose  of  ana 
make  all  needful  rules  and  regulations  respecting  the  ter- 
ritory  or  other  property  belonging  to  the  United  States; 
and  nothing  in  this  Constitution  shall  be  so  construed  as 
to  prejudice  any  claims  of  the  United  States,  or  of  any 
particular  state. 

By  virtue  of  this  last  passage,  our  territorial 
governments  have  been  established.  Those  exist- 
ing at  present,  are  Florida,  Iowa,  and  Wisconsin. 
The  basis  of  these  territorial  governments  was  laid 
in  an  admirable  ordinance,  framed  by  Nathan 
Dane,  of  Beverly,  Massachusetts,  and  adopted  by 
the  Continental  Congress  in  1787. 


■•#• 


THE   CONSTITUTION.  201 

This  ordinance  has  been  modified  by  Congress 
from  time  to  time,  to  suit  the  varying  condition  of 
the  territories.  Each  of  them  has  now  a  governor, 
appointed  by  the  president,  and  a  legislature,  con- 
sisting of  representatives  chosen  by  the  people, 
who  make  laws,  appoint  magistrates,  &c. 

This  legislature  appoints  one  delegate  to  the 
House  of  Representatives  at  Washington,  who  may 
debate  questions,  but  cannot  vote.  When  a  terri- 
tory has  a  population  equal  to  the  number  requir- 
ed by  the  apportionment  of  representatives  among 
the  states  for  one  representative,  jt  may,  on  adopt- 
ing a  republican  form  of  government,  be  admitted 
into  the  Union,  by  act  of  Congress. 

It  is  thus  that  several  of  the  states,  once  having 
been  under  territorial  government,  have  become 
members  of  the  Union.  Ohio  was  admitted  in 
1802;  Indiana  in  1816;  Illinois  in  1818;  Missis- 
sippi in  1817;  Alabama  in  1819;  Missouri  in  1820; 
Michigan  in  1836 ;  Louisiana  in  1812 ;  Arkansas 
in  1836.  All  these  were  once  subject  to  territo- 
rial government. 

Sect.  IV. —  The  United  States  shall  guaranty  to  every 
state  in  this  Union  a  republican  form  of  government,  and 
shall  protect  each  of  them  against  invasion  ;  and  on  ap- 
plication of  the  legislature,  or  of  the  executive,  {when  the 
legislature  cannot  be  convened,)  agai?ist  domestic  vio' 
lence. 

It  was  by  virtue  of  this  section  that  Rhode 
Island,  in  1842,  called  upon  the  President  for  aid 
in  suppressing  the  ''Dorr  Insurrection,"  which  then 
took  place. 

ARTICLE    V. 

The  Congress,  whenever  two  thirds  of  both  houses 
shall  deem  it  necessary,  shall  propose  amendments  to  this 


202  THE    CONSTITUTION. 

Constitution;  or,  on  the  application  of  the  legislatures  of 
tivo  thirds  of  the  several  states,  shall  call  a  convention  for 
proposing  amendments ;  ivhich,  in  either  case,  shall  be 
valid,  to  all  intents  and  piirposes,  as  part  of  this  Consti- 
tution, ivhen  ratified  by  the  legislatures  of  three  fourths 
of  the  several  states,  or  by  conventions  in  three  fourths 
thereof,  as  the  one  or  the  other  mode  of  ratification  may 
be  proposed  by  the  Congress:  provided,  that  no  amendment 
xvhich  may  be  made  prior  to  the  year  one  thousand  eight 
hundred  and  eight,  shall,  in  any  manner,  affect  the  first 
and  fourth  clauses  in  the  ninth  section  of  the  first  Q,rti- 
cle ;  and  that  no  state,  without  its  consent,  shall  he  de- 
prived of  its  equal'suffrage  in  the  Senate. 

It  is  by  virtue  of  this   provision,  that  several 
amendments  to  the  Constitution  were  adopted  soon 
after  its  acceptance  by  the  people.     No  amend- 
ments have  been  adopted  for  many  years. 
ARTICLE    VI. 

1.  All  debts  contracted,  and  engagements  entered  into, 
before  the  adoption  of  this  Constitution,  shall  be  as  valid 
against  the  United  States,  under  this  Constitution,  as 
under  the  confederation. 

2.  This  Constitution,  and  the  laws  of  the  United  States 
which  shall  be  made  in  pursuance  thereof,  and  all  treaties 
made,  or  ivhich  shall  be  made,  under  the  authority  of  the 
United  States,  shall  be  the  supreme  law  of  the  land  ;  and 
the  judges  in  every  state  shall  be  bound  thereby ;  any- 
thing in  the  Constitution  or  laws  of  any  state  to  the  con- 
trary notwithstanding. 

3.  The  Senators  and  Representatives  before  mentioned, 
and  the  members  of  the  several  state  legislatures,  and  all 
executive  and  judicial  officers,  both  of  the  United  States 
and  of  the  several  states,  shall  be  bound  by  oath  or  affir- 
mation to  support  this  Constitution :  but  no  religious  test 
shall  ever  be  required  as  a  qualification  to  any  office  or 
public  trust  under  th%  United  States. 


THE   CONSTITUTION.  203.^ 

The  pi  o  vision  here  that  "wo  religious  test  shall 
ever  be  required  as  a  qualification  to  any  office ^''^  is 
designed  to  prevent  tbe  ascendancy  of  any  religious 
sect,  in  the  government,  and  the  persecution  of  an 
iiidividual  for  his  rehgious  opinions.  In  other 
countries,  as  England,  France,  &c.,  it  has  fre- 
quently happened  that  persons  entertaining  certain 
religious  notions,  have  been  entirely  excluded  from 
all  offices  of  trust  and  profit.  Until  a  very  recent 
period,  Catholics  have  been  held  ineligible  to 
office  in  England;  but  this  restriction  is  now 
removed. 

ARTICLE    VII. 

The  ratification  of  the  conventions  of  nine  states  shall 
he  sufficient  for  the  establishment  of  this  Constitution  be- 
tween  the  states  so  ratifying  the  same. 

It  has  been  already  stated  that  when  the  Consti- 
tution was  presented  to  the  people  for  their  accept- 
ance, it  was  immediately  ratified  by  all  the  thirteen 
states,  except  North  Carolina  and  Rhode  Island. 
This  made  eleven  states,  two  more  than  required 
by  this  provision. 

Measures  were  taken  in  1788  by  Congress,  as 
soon  as  it  was  ascertained  that  the  requisite  num- 
ber of  states  had  accepted  the  Constitution,  to  carry 
it  into  effect.  An  election  was  ordered,  and  Wed- 
nesday, the  18th  of  March, '1789,  was  the  time 
appointed  for  commencing  proceedings  under  the 
Constitution. 

The  members  of  Congress  assembled  accord- 
ingly at  New  York,  then  the  seat  of  government, 
but  a  quorum  for  transacting  business  did  not 
arrive  till  the  6th  of  April.  On  counting  the  votes 
for  President,  it  was  found  that  George  Washing- 


204  THE  CONSTITUTION. 

ton  wtis  unanimously  elected  President,  and  John 
Adams  was  elected  Vice  President. 

Since  that  period,   the  following  persons  have 
held  the  office  of  President : 

John  Adams  of  Massachusetts,  1797  to  1801. 

Thomas  Jefferson  of  Virginia,     1801  to  1809. 

James  Madison  of  do.         1809  to  1817. 

James  Monroe  of  do.         1817  to  1835. 

John  Quincy  Adams  of  Mass.     1825  to  1829. 

Andrew  Jackson  of  Tennessee,  1829  to  1837. 

Martin  Van  Buren  of  New  York,  1837  to  1841. 

William  Henry  Harrison  of  Ohio,  1841       

John  Tyler  of  Virginia,  (Vice 
President,  succeeded  to  the 
presidency,  on  the  death  of 
Harrison,) 


1841. 


Articles  in  addition  to  and  amendment  of  the 
Constitution. 

Art.  I. — Congress  shall  make  no  law  respecting  an 
establishment  of  religion,  or  prohihiting  the  free  exercise 
thereof ;  or  abridging  the  freedom  of  speech,  or  of  the 
press  ;  or  the  right  of  the  people  peaceably  to  assemble  and 
to  petition  the  government  for  a  redress  of  grievances. 

This  is  a  most  important  provision :  it  secures 
us  against  a  ^^ union  of  church  and  state^''  which 
has  been  one  of  the  great  evils  of  foreign  govern- 
ments. When  government  has  undertaken  to  es- 
tablish a  particular  religion,  it  has  patronised  only 
those  who  adopted  its  creed,  and  it  has  always  per- 
secuted those  who  differed  from  it.     Thus  freedom 


AMENDMENTS    TO    THE   CONSTITUTION.  205 

of  religious  opinion,  or  religious  toleration,  is  in- 
compatible with  the  union  of  church  and  state. 

Even  in  England,  where  a  church  is  established 
and  supported  by  the  government,  those  who  do 
not  belong  to  this  church,  are,  however,  taxed  to 
support  it.  They  are  therefore  compelled  to  aid 
in  propagating  and  promoting  a  religious  faith, 
which  they  believe  to  be  erroneous.  It  is  to  pre- 
vent such  tyranny,  that  the  clause  we  are  noticing, 
is  introduced. 

^^  Freedom  of  speech''^  and  ^^ freedom  of  the  press,^^ 
are  also  among  the  most  essential  safeguards  of 
liberty.  If  men  may  speak  freely,  and  if  they 
may  freely  publish  their  opinions,  it  is  likely  that 
the  abuses  of  government  will  be  exposed,  and  the 
people  put  on  their  guard  against  those  who  might 
plot  their  ruin. 

Most  governments  of  Europe,  have,  at  various 
periods,  put  restraints  upon  the  freedom  of  speech, 
and  the  freedom  of  the  press ;  and  even  now,  there 
are  few  foreign  countries  in  which  entire  liberty  is 
enjoyed  in  these  respects.  Despotism  fears  the 
truth;  it  shrinks  from  discussion;  it  therefore 
dreads  freedom  of  speech  and  the  press.  But  a 
free  government,  like  ours,  instituted  by  the  people, 
and  designed  for  the  benefit  of  the  people,  can  have 
no  inducement,  so  long  as  it  is  administered  ac- 
cording to  its  true  intent,  to  hide  the  truth  or  inter- 
rupt discussion. 

The  right  of  the  people,  peaceably  to  assemble^  in 
order  to  discuss  public  topics,  and  express  their 
v/ishes  upon  public  affairs,  is  a  great  right,  and  one 
that  ought  never  to  be  impaired.  It  is  by  assem- 
blies of  the  people,  in  masses,  that  rulers  are  made 
1^ 


206  AMENDMENTS    TO    THE    CONSTITUTION. 

to  feel  the  people's  power,  and  are  taught  the 
necessity  of  regarding  their  wishes. 

The  '-^ right  of  'petition^ ^  is  essential  to  liberty. 
What  more  decided  mark  of  hmniliating  slavery 
could  be  furnished,  than  a  condition  which  deprives 
men  of  the  right  of  laying  their  wants  and  wishes, 
their  prayers  and  petitions,  before  their  rulers] 
Seldom  has  any  king,  or  despot,  denied  this  right 
to  his  subjects.  It  is  one  of  the  most  universal  of 
human  rights,  and  would  exist,  even  if  not  secured 
by  this  provision  of  the  Constitution. 

The  right  to  petition,  carries  with  it  an  obligation 
on  the  part  of  the  petitioned,  to  hear  and  consider  the 
prayer.  The  mere  right  to  pray,  without  being  lis- 
tened to,  is  mockery.  As  well  might  a  petition  be 
addressed  to  the  stones  or  the  trees,  •  as  to  human 
beings,  if  there  were  no  obligation  to  hear  and  con- 
sider the  prayer.  Congress  are  therefore  bound  to 
hear  and  consider  every  reasonable  and  respectful 
petition  which  is  presented  to  them. 

Art.  II. — A  weU  regulated  inilitia  being  necessary  to 
the  security  of  a  free  state,  the  right  of  the  people  to  keep 
and  bear  arms  shall  not  be  infringed. 

[n  some  despotic  countries,  the  people  have  been 
denied  the  privilege  of  having  guns  and  other 
weapons  in  their  possession,  because  the  govern- 
ment feared  the  people,  and  therefore  deemed  it 
necessary  to  keep  these  means  of  warfare  out  of 
their  hands.  Our  popular  government  can  have 
no  such  fear. 

Art.  III. — No  soldier  shall,  in  time  of  peace,  be  quav' 
tared  in  any  house,  vnthout  the  consent  of  the  owner ;  nor 
in  time  of  ivar,  but  in  a  7nan?ier  to  .be  prescribed  by  lato. 


AMENDMENTS    TO    THE    CONSTITUTION.  207 

The  quartering  of  troops  on  the  people,  has  been 
one  of  the  common  acts  of  tyranny  inflicted  by 
monarchical  governments.  ^ 

Art.  IV. —  The  right  of  the  people  to  he  secure  in  their 
persons,  houses,  papers,  and  effects,  against  unreasonable 
searches  and  seizures,  shall  not  be  violated;  and  no  war- 
rants  shall  issue,  but  upon  probable  cause,  supported  by 
oath  or  affirmation,  and  particularly  describing  the  place 
to  be  searched,  and  the  persons  or  things  to  be  seized. 

This  provision  is  important,  for  it  has  frequently 
happened,  in  former  times,  that  a  despotic  ruler  has 
sent  his  ofiicers  into  a  man's  house,  and  seized  his 
papers :  and  these  have  been  used  to  convict  him 
of  treason  or  other  crimes.  In  order  to  the  enjoy- 
ment of  liberty ;  in  order  that  every  man  may  feel 
safe,  it  is  indispensable  that  barriers  against  such 
acts  of  tyranny  should  be  established. 

Art. — V. — No  person  shall  be  held  to  answer  for  a 
capital,  or  otherwise  infamous  crime,  unless  on  a  present"  "- 
mentor  indictment  of  a  grand  jury,  except  incases  aris- 
ing in  the  land  or  naval  forces,  or  in  the  militia  when  in 
actual  service,  in  time  of  war  or  public  danger  ;  nor  shall 
any  person  be  subject,  for  the  same  offence,  to  be  twice  put 
in  jeopardy  of  life  or  limb  ;  nor  be  deprived  of  life,  lib' 
erty,  or  property,  without  due  process  of  law  ;  nor  shall 
be  compelled,  in  any  criminal  case,  to  be  a  witness  against 
himself;  nor  shall  private  property  be  taken  for  public  ^ 
use,  without  just  compensation. 

These  provisions  are  essential,  and  we  cannot 
too  much  commend  the  wisdom  that  established 
them;  nor  ought  we  to  fail  to  rejoice  that  such 
safeguards  to  our  liberty  are  provided.  In  reading 
the  history  of  other  countries,  we  shall  see  how 
much  humanity  has  suffered  for  the  want  of  such 


208  AMENDMENTS    TO    THE    CONSTITUTION. 

provisions ;  and  we  shall  have  renewed  occasion  to 
love  and  cherish  that  Constitution  which  affords 

N    the  we^k,  as  well  as  the  strong,  such  protection 

"  ^    against  the  encroachments  of  power. 

Art.  VI. — In  all  criminal  prosecutions,  the  accused 
shall  enjoy  the  right  to  a  speedy  and  public  trial,  by  an 
impartial  jury  of  the  state  and  district  loherein  the  crime 
shall  have  been  committed,  ichich  district  shall  have  been 
previously  ascertained  by  law,  and  to  be  informed  of  the 
nature  and  cause  of  the  accusation  ;  to  be  confronted  loith 
the  ivitnesses  against  him  ;  to  have  compulsory  process  for 
obtainirig  witnesses  in  his  favor;  and  to  have  the  assist- 
ance  of  counsel  for  his  defence. 

In  Article  III.,  Section  2,  the  right  of  trial  by 
jury,  in  criminal  cases,  is  secured  in  the  courts  of 
the  tJnited  States :  here  this  privilege  is  more  care- 
fully guarded.  The  trial  is  to  be  speedy,  so  that 
the  accused  need  not  remain  in  prison,  as  has  often 
been  the  case.  The  trial  is  also  to  take  place  in 
the  district  where  the  alleged  crfme  was  committed 
— for  it  would  be  unjust  to  take  the  criminal  to  a 
distant  place  for  trial,  where  the  means  of  evidence 
were  not  likely  to  be  at  hand. 

He  is  also  to  be  fully  informed  of  the  nature  of 
the  charge  against  him,  so  that  he  may  have  the 
opportunity  of  refuting  it :  he  is  to  be  confronted 
with  the  witnesses  against  him,  so  that  he  may 
question  them ;  he  is  to  have  the  power  of  compel- 
ling witnesses  in  his  favor  to  appear ;  and  is  to  have 
the  assistance  of  counsel  for  his  defence. 

All  these  provisions  show  how  careful  is  our 
admirable  Constitution  to  guard  the  rights  of  the 
people:  even  a  man  charged  with  crimes  of  the 
deepest  dye,  is  still  to  enjoy  all  the  means  that 
human  wisdom  can  devise,  to  obtain  his  discharge 
if  he  be  innocent. 


AMENDMENTS    TO    THE   CONSTITUTION.  200 

Art.  VII. — In  suits  at  cornvwn  law,  lohere  the  value 
in  controversy  shall  exceed  twenty  dollars,  the  right  of 
trial  by  jury  shall  be  preserved  ;  and  no  fact  tried  by  a 
jury  shall  be  otherioise  re-examined  in  any  court  of  the 
United  States,  than  according  to  the  rules  of  the  com- 
mon law. 

Here  the  trial  by  jury  is  secured,  even  in  cases 
not  criminal,  and  where  property  only  is  concern- 
ed :  this  extends  merely  to  courts  of  the  United 
States. 

In  England,  '■^common  law^^  means  that  law 
which  is  recognised  by  the  courts,  and  founded  in 
custom,  and  not  upon  any  positive  enactments  of 
parliament.  We  have  also  our  "common  law," 
founded  in  custom  and  common  sense,  and  the  set- 
tled practice  of  the  English  courts :  yet  not  to  be 
found  in  any  acts  of  legislatures. 

Art.  Vin. — Excessive  bail  shall  not  be  required,  nor 
excessive  Jines  imposed,  nor  cruel  and  unusual  punish' 
ments  inflicted. 

Bail  is  setting  a  person,  arrested  or  imprisoned,  at 
liberty,  on  his  giving  security  for  his  re-appear- 
ance. This  security  consists  in  a  bond  signed  by 
responsible  persons,  in  which  they  engage  to  pay 
a  stipulated  sum,  if  the  person  is  not  forthcoming 
at  the  specified  time.  In  this  amendment  it  is  pro- 
vided that  the  amount  in  the  bail-bond  shall  be 
reasonable ;  for  if  excessive  bail  could  be  required, 
a  person  arrested,  might,  through  the  malice  of 
parties,  or  the  malevolence  of  officers,  be  wrong- 
lully  kept  in  prison. 

Art.  IX. —  The  enumeration  in  the  Constitution  of 
certain  rights  shall  not  be  construed  to  deny  or  disparage 
others  retained  by  the  people. 

Art.  X. — The  powers  not  delegated  to  the  United 
18=i«'  14 


#■ 


210  AMENDMENTS    TO   THE   CONSTITUTION. 

States  by  the  Constitution,  nor  prohibited  by  it  to  the 
states,  are  reserved  to  the  states  respectively,  or  to  the 
people. 

This  is  a  very  significant  provision  ;  it  declares 
that  all  powers  not  given  up  to  Congress,  belong  to 
the  people  of  the  several  states. 

Art.  XI. —  The  judicial  power  of  the  United  States 
shall  not  be  construed  to  extend  to  any  suit  in  law  or 
equity,  commenced  or  prosecuted  against  one  of  the  United 
States,  by  citize7is  of  another  state,  or  by  citizens  or  sub- 
jects of  any  foreign  state. 

Art.  XII. — 1.  The  electors  shall  meet  in  their  respec- 
tive states,  and  vote  by  ballot  for  President  and  Vice- 
President,  one  of  whom,  at  least,  shall  not  be  an  inhabi- 
tant of  the  same  state  with  themselves  ;  they  shall  name, 
in  their  ballots,  the  person  voted  for  as  President,  and  in 
distinct  ballots  the  person  voted  for  asVice-President ;  and 
they  shall  make  distinct  lists  of  all  persons  voted  for  as 
President,  and  of  all  persons  voted  for  as  Vice-President, 
and  of  the  number  of  votes  for  each,  which  list  they  shall 
sign  and  certify,  and  transmit  sealed  to  the  seat  of  gov- 
ernment of  the  United  States,  directed  to  the  president  of 
the  Senate ;  the  president  of  the  Senate  shall,  in  the  pres- 
ence of  the  Senate  and  House  of  Representatives,  open  all 
the  certificates,  and  the  votes  shall  then  be  counted :  the 
person  having  the  greatest  mtmber  of  votes  for  President 
shall  be  the  President,  if  such  number  be  a  majority  of 
the  whole  number  of  electors  appointed;  and  if  no  person 
have  such  majority,  then  from  the  persons  having  the 
highest  numbers,  not  exceeding  three,  on  the  list  of  those 
voted  for  as  President,  the  House  of  Representatives  shall 
choose  immediately,  by  ballot,  the  President.  But  in 
choosing  the  President,  the  vote  shall  be  taken  by  states, 
the  representation  from  each  state  having  one  vote :  a 
quorum  for  this  purpose  shall  consist  of  a  member  or  mem- 
bers from  two  thirds  of  the  states,  arid  a  majority  of  all 
the  states  shall  be  necessary  to  a  choice.     And  if  the  House 


AMENDMENTS    TO    THE    CONSTITUTION.  211 

of  Representatives  shall  not  choose  a  President,  whenever 
the  right  of  choice  shall  devolve  upon  them,  before  the 
fourth  day  of  March  next  follo^ving,  then  theVice-Presi- 
dent  shall  act  as  President,  as  in  the  case  of  the  death,  or 
other  constitutional  disability,  of  the  President. 

2.  The  person  having  the  greatest  number  of  votes  as 
Vice-President  shall  be  the  Vice-President,  if  such  num^ 
ber  be  a  majority  of  the  whole  number  of  electors  appoint- 
ed  ;  and  if  no  person  have  a  majority,  then  from  the  two 
highest  numbers  on  the  list,  the  Senate  shall  choose  the 
Vice-President :  a  quorum  for  the  purpose  shall  consist 
of  two  thirds  of  the  whole  number  of  senators,  and  a  ma- 
jority  of  the  whole  number  shall  be  necessary  to  a  choice. 

3.  But  no  person  constitutionally  ineligible  to  the  office 
of  President  shall  be  eligible  to  that  of  Vice-President  of 
the  United  States. 

In  the  Constitution  as  originally  adopted,  Sec.  1 
of  Article  II.  pointed  out  the  mode  of  electing  the 
President  and  Vice-President  of  the  United  States. 

This  passage  was  subsequently  struck  out,  and 
the  preceding  amendment  took  its  place.  It  is  by 
the  rule  here  laid  down  that  these  high  officers  of 
the  government  are  now  chosen. 

In  most  cases,  the  presidents  have  been  chosen 
by  the  electors  selected  by  the  people:  but  in  some 
cases  it  has  been  otherwise.  In  1825,  there  being 
no  choice  by  the  electors,  John  Quincy  Adams, 
of  Massachusetts,  was  chosen  by  the  House  of 
Representatives. 

Art.  XIII. — If  any  citizeii  of  the  United  States  shall 
accept,  claim,  receive,  or  retain  any  title  of  nobility  or 
honor,  or  shall,  without  the  consent  of  Congress,  accept 
and  retain  any  present,  pension,  office,  or  emolument  of 
any  kind  whatever,  from  any  emperor,  king,  prince,  or 
foreign  power,  such  person  shall  cease  to  be  a  citizen  of 
the  United  States,  and  shall  be  incapable  of  holding  any 
office  of  trust  or  profit  under  them,  or  either  ofthem* 


CHAPTER    LII. 

Review  of  the  Constitution. 

As  the  Constitution  is  the  very  foundation  of 
our  national  government,  we  Americans  cannot 
study  it  too  much,  or  understand  it  too  well.  All 
citizens,  especially,  who  have  a  right  to  vote,  and 
who  therefore  use  an  influence  for  good  or  ill  in 
giving  character  to  the  actual,  practical  govern- 
ment, or  administration,  that  springs  out  of  the 
Constitution,  should  know  what  it  means ;  what  it 
requires,  and  what  it  prohibits. 

In  the  first  place,  we  remark  that  this  Constitu- 
tion establishes  a  confederation  or  federation  of 
states ;  hence  it  is  called  di  federal  government :  that 
is,  a  league  or  union  of  several  parties.  It  is  a 
partnership,  in  which  the  several  states,  with  the 
people  thereof,  are  the  parties,  each  having  an  in- 
terest, and  taking  a  share,  in  the  good  or  ill  that 
may  flow  from  the  union. 

It  establishes  a  distribution  of  powers,  as  we 
have  before  stated,  into  three  branches :  Legislative^ 
conferred  on  Congress ;  Executive^  confided  to  the 
President;  and  Judicial^  entrusted  to  the  federal 
courts.  It  keeps  these  powers  distinct,  the  design 
being  to  make  one  branch  a  check  on  the  other,  so 
as  to  prevent  a  dangerous  degree  of  power  from 
sliding  into  the  hands  of  one  man,  or  one  set  of 
men. 

It  makes  Congress  the  source  whence  the  laws 
proceed :  it  makes  it  the  duty  of  the  president  to 
see  that  the  laws  are  executed ;  it  makes  it  the 
province  of  the  judges  to  interpret  and  apply  the 
laws;  that  is,  to  decide  cases  of  dispute  which  arise 
.  nndei  them. 


REVIEW    OF    THE    CONSTITUTION.  213 

The  Constitution  takes  away  from  the  indi- 
vidual states,  and  gives  to  the  federal  government, 
all  power  to  make  treaties ;  to  carry  on  war  against 
foreign  nations;  to  have  a  standing  army  and  a 
navy ;  to  establish  post-offices  and  post-roads ;  to 
establish  navigation  laws,  custom-houses,  light- 
houses, and  generally  to  regulate  and  control  the 
great  interests  of  commerce;  to  coin  money;  in 
short,  to  preside  over  those  interests  which  affect 
the  whole  country,  as  a  nation. 

While  the  Constitution  thus  takes  from  the  states 
and  gives  to  the  federal  government,  certain  powers, 
it  leaves  the  states  in  possession  of  all  that  is  not 
thus  expressly  given  away;  it  leaves  the  states, 
still,  as  independent  republics,  to  carry  on  their 
several  governments,  and  to  manage  all  their 
affairs,  as  the  people  thereof  may  please,  subject  to 
no  restraint,  except  what  the  Constitution  imposes. 

The  Constitution,  applying  to  the  whole  country, 
binds  us  together  as  a  nation^  of  which  a  state  is 
only  a  member.  It  is  the  Constitution,  therefore, 
which  is  likely  to  form  and  fashion  our  national 
character :  it  is  the  national  government,  founded 
on  this,  which  is  chiefly  regarded  by  foreign  coun- 
tries ;  for  it  is  the  federal  government,  only,  which 
makes  treaties  and  holds  official  intercourse  with 
other  nations. 

The  Constitution  is  the  great  bulwark  of  our 
liberties.  Were  it  not  for  this,  what  would  prevent 
two  states  from  being  involved  in  constant  war? 
What  would  prevent  a  small  state,  like  Rhode 
Island  or  Connecticut,  from  being  oppressed  by  a 
powerful  state,  like  New  York?  What  would 
protect  a  citizen  of  one  state,  passing  into  another, 
from  unjust  taxation,  imprisonment,  or  oppres- 
sion, were  it  not  for  the  Constitution  1 


214  CONGRESS. 

From  these  considerations,  it  is  clear,  that  every 
person  in  the  United  States  lias  a  deep  interest  in 
the  Constitution,  which  establishes  a  union  of  the 
states,  for  the  good  of  all.  Every  citizen,  there- 
fore, is  bound  by  a  regard  to  his  own  interest,  and 
duty  to  his  countrymen,  to  seek  to  perpetuate  it ;  to 
obey  its  laws,  to  maintain  its  institutions,  and  to 
carry  it  into  effect,  according  to  the  wise  and  pa- 
triotic intention  of  its  framers. 


CHAPTER    LIU. 

Congress. 

This  body,  as  before  stated,  is  divided  into  two 
houses,  the  iSenate  and  House  of  Representatives. 
They  hold  their  sessions,  separately,  in  two  splen- 
did rooms  in  the  Capitol  at  Washington. 

Senators  are  chosen  for  six  years ;  there  are  two 
from  each  state ;  of  course  there  are  fifty-two  mem- 
bers. A  person  cannot  hold  a  seat  in  the  Senate, 
who  is  under  thirty  years  of  age.  Beside  its  legis- 
lative powers,  the  Senate  have  the  privilege  of  rati- 
fying or  rejecting  treaties  made  by  the  President, 
or  persons  nominated  by  him  to  office. 

The  members  of  the  House  of  Representatives 
must  be  twenty-five  years  old :  they  are  chosen, 
by  the  people  of  the  states  they  represent,  for  two 
years.  According  to  the  present  apportionment, 
which  is  seventy  thousand  six  hundred  and  eighty 
inhabitants  to  one  representative,  the  number  of 
representatives  is  two  hundred  and  twenty- seven. 


THE   ADMINISTRATION.  215 

The  House  of  Representatives  have  the  sole 
power  of  impeachment ;  but  the  person  impeached 
must  be  tried  by  the  Senate.  The  pay  of  the 
members  of  both  branches  of  Congress  is  eight  dol- 
lars a  day,  while  at  Washington,  and  twenty  dol- 
lars, fees  of  travel,  for  every  hundred  miles. 


CHAPTER    LIV. 

The  Administration. 

The  Constitution  is  but  a  series  of  rules  or 
principles.  To  carry  these  into  effect,  officers  must 
be  appointed.  Upon  the  character  of  these  per- 
sons, the  character  of  the  government  greatly  de- 
pends :  for  as  these  are  good  or  bad,  the  public 
affairs  will  be  wisely  or  unwisely  managed.  A 
foolish  man  can  hardly  act  otherwise  than  fool- 
ishly, however  excellent  may  be  the  laws  which 
he  is  called  upon  to  administer. 

However  good  our  Constitution  may  be,  there- 
fore, we  cannot  expect  good  practical  government, 
unless  we  put  good  men  into  office.  Even  a  good 
tool  will  not  cut  well  of  itself :  in  the  hands  of  a 
bungler,  it  will  often  do  mischief.  Our  fathers, 
then,  in  giving  us  an  admirable  Constitution,  left 
us  only  a  good  tool  to  work  with,  and  we  must  take 
the  responsibility  of  seeing  that  it  passes  into  the 
hands  only  of  those  who  are  skilful  and  honest; 
those  who  know  what  is  right,  and  those  who  love 
what  is  right. 

The  President  of  the  United  States  is  the  chief 
officer  of  the  government;  we  look  upon  him, 
accordingly,  as  especially  called  to  administer  the 


216  THE   PRESIDENT. 

Constitution.  We,  therefore,  call  the  President, 
with  his  advisers,  the  Administration.  Thus,  as 
before  remarked,  we  denominate  Washington's 
period  of  government,  Washington) s  adminis- 
trationj  &c. 


CHAPTER    LV. 

The  President,  &c. 

The  President  holds  his  office  for  four  years,  and 
has  a  salary  of  $25,000  a  year.  He  is  command- 
er-in-chief of  the  army,  the  navy,  and  the  militia 
of  the  United  States,  when  in  actual  service ;  he 
signs  or  vetoes  bills  passed  by  Congress;  and 
receives  ambassadors  and  other  public  ministers. 
He  also,  by  and  with  the  consent  of  the  Senate, 
appoints  the  chief  naval,  military,  and  civil  officers 
of  the  government,  and  signs  their  commissions. 

In  addition  to  all  this,  the  President  is  charged 
with  the  general  welfare  of  the  country,  and  the 
execution  of  the  laws ;  and  he  is  required,  from 
time  to  time,  to  lay  before  Congress  his  views  of 
public  affairs. 

The  Vice  President  is  president  of  the  Senate, 
with  a  salary  of  $6,000  a  year.  In  case  of  the 
death  of  the  President,  he  succeeds  to  his  office. 

The  President  is  assisted  by  several  persons,  who 
are  his  advisers.  These  consist  of  the  Secretary  of 
State,  Secretaries  of  the  Treasury,  of  the  Navy,  and 
of  War ;  the  Attorney-General,  and  the  Postmas- 
ter-General. 

All  these  persons  live  in  Washington,  near  the 


THE   PRESIDENT.  217 

President,  and  are  frequently  called  upon  by  him 
to  furnish  him  information,  and  to  offer  him  their 
counsel  and  assistance.  They  are  generally  selected 
from  among  the  ablest  men  in  the  nation,  and  each 
one  is  supposed  to  be  especially  fitted,  by  his  char- 
acter and  former  pursuits,  for  the  particular  place 
assigned  to  him. 

The  President  not  only  calls  upon  these  persons 
separately  for  assistance,  as  occasion  may  require, 
but  once  or  twice  a  week  they  all  meet  together 
at  his  house.  When  assembled,  they  form  the 
Cabinet^  and  when  met  for  consultation,  they  are 
called  the  Cabinet  Council. 

The  cabinet  being  regarded  as  personal  and  con- 
fidential advisers  of  the  President,  are  expected  to 
entertain  the  same  political  opinions  as  the  Presi- 
dent himself,  and  are  usually  selected  from  the 
President's  political  party.  In  this  case,  as  in  the 
other,  the  President  nominates  the  members  of  the 
cabinet,  and  the  Senate  of  the  United  States,  in 
secret  session,  confirm  or  reject  them,  as  they 
please.  If  rejected,  the  President  makes  other 
nominations. 

A  large  and  responsible  part  of  the  duty  of  the 
President  consists  in  his  nomination  of  persons  to 
ofiice,  including  the  secretaries,  judges,  ambassa- 
dors, charges,  consuls,  custom-house  ofiicers,  naval 
and  military  officers,  postmasters,  land  agents,  and 
various  other  persons  in  the  employ  of  the  govern- 
ment. The  number  of  officers  he  is  called  upon 
to  nominate,  amounts,  as  before  stated,  to  many 
thousands. 

In  all  cases,  it  is  necessary  that  the  Senate  should 
confirm  the  nomination,  or  the  person  does  not  hold 
his  place. 

19 


218  SECRETARY    OF    STATE. 

The  secret  sessions  of  the  Senate,  in  which  they 
discuss  the  nominations  of  the  President,  are  called 
Executive  Sessions,  because  they  then  attend  to 
executive  business.  The  characters  of  persons 
nominated,  are  freely  discussed.  Sometimes  what 
takes  place  during  the  discussions,  transpires,  and 
sometimes  it  remains  under  the  seal  of  secrecy. 

The  secretaries  are  in  England  called  ministers. 
In  that  country,  they  have  usually  a  scat  in  par- 
liament, and  take  a  leading  part  in  the  legislation 
of  the  country;  but  in  the  United  States,  the  execu- 
tive department  is  more  completely  separated  from 
the  legislative,  and  the  sec?^etaries,  or  ministers,  or 
members  of  the  cabinet,  have  no  seat  in  either 
branch  of  Congress.  The  annual  salaries  of  the 
secretaries  are  $6,000  each. 


CHAPTER    LVI. 

Secretary  of  State, 

The  Secretary  of  State  has  an  office  near  the 
President's  house.  This  consists  of  a  large  edifice, 
containing  many  rooms,  in  which  there  are  numer- 
ous clerks,  all  engaged  in  the  business  of  the  de- 
partment. In  these  rooms,  also,  are  deposited  a 
library  for  the  use  of  the  department,  and  a  multi- 
tude of  papers  and  documents,  which  have  accu- 
mulated for  the  last  fifty  years,  belonging  to  the 
business  of  the  office. 

The  main  duty  of  the  Secretary  of  State  is  to 
manage  the  negociations  of  foreign  countries;  to 
give  instructions   to  our  foreign  ambassadors,  to 


SECREHAitY   OF    STATE.  219 

charges  and  consuls,  and  to  answer  their  letters ;  to 
receive  the  communications  of  the  various  foreign 
ambassadors  who  reside  at  Washington,  and  to 
answer  them  as  directed  by  the  President. 

Beside  this,  the  Secretary  of  State  is  charged 
with  the  preparation  of  the  census  of  the  United 
States,  a  general  supervision  of  the  Patent  Office, 
and  keeping  "^he  evidence  of  copyrights.  He  also 
has  charge  of  the  federal  seal,  and  preserves  the 
originals  of  the  laws  and  of  treaties. 

The  Secretary  of  State  in  this  country  is  gene- 
rally considered  as  the  highest  officer  in  the  cabi- 
net ;  he  takes  the  rank  of  what  is  called  Premier 
in  England  and  France.  His  duties  are  of  the 
most  important  kind,  requiring  an  intimate  know- 
ledge not  only  of  our  own,  but  of  foreign  coiuitries. 
He  not  only  is  required  to  know  the  geographical 
position,  the  commerce,  the  resources,  the  charac- 
ter of  foreign  countries,  but  he  must  know  the 
nature  of  their  governments,  the  character  and 
disposition  of  the  king  and  ministers  and  leading 
men  in  each. 

To  this  vast  amount  of  knowledge,  the  secretary 
should  add  the  greatest  coolness  and  calmness  of 
temper,  and  sagacity  of  mind.  In  managing 
aifairs  with  the  agents  of  foreign  countries,  called 
diplomacy^  he  must  watch  over  every  word  and 
action,  for  peace  and  war  depend  upon  his  conduct. 
It  has  frequently  happened,  in  the  history  of  man- 
kind, that  an  unlucky  expression,  or  careless 
phrase,  used  by  a  Secretary  of  State,  has  involved 
powerful  nations  in  all  the  horrors  of  war. 

Several  eminent  statesmen  have  held  this  high 
office;  as  Thomas  Jefferson,  John  Randolph, 
John  Marshall  and  James  Monroe,  of  Virginia; 


220  SECRETARY    OF    THE    TREASURY. 

John  Pickering,  John  Quincy  Adams,  and  Daniel 
Webster,  of  Massachusetts ;  Henry  Clay  of  Ken- 
tucky; Edward  Livingston,  of  Louisiana;  and 
Martin  Van  Buren,  of  New  York. 


CHAPTER    LYII. 

Secretary  of  the  Treasury. 

The  Treasury  Department  is  held  in  a  large  and 
handsome  edifice,  contiguous  to  the  office  of  the 
Secretary  of  State.  Here  is  a  library,  and  a  variety 
of  subordinate  offices,  filled  with  booj^s  and  papers. 
Here  also  is  the  office  of  the  Treasurer,  who  has 
immediate  charge  of  the  public  money ;  the  Comp- 
troller^ who  has  the  supervision  of  the  public  ac- 
counts ;  and  several  Auditors,  whose  duty  it  is  to 
examine  accounts.  Beside  these,  there  are  in  the 
department  a  multitude  of  clerks. 

The  Secretary  of  the  Treasury  presides  over  this 
whole  department ;  the  special  duty  assigned  him 
is  to  watch  over  the  money  aff*airs  of  the  govern- 
ment ;  to  see  to  the  collection  of  the  revenue  at  the 
various  custom  houses  and  land  offices ;  to  see  that 
'the  business  is  properly  conducted  at  those  places ; 
to  see  to  the  disbursement  of  the  public  moneys,  the 
payment  of  salaries,  liquidation  of  contracts,  &c. 

His  duty  is  also,  to  advise  the  President  and  Con- 
gress, as  occasion  may  require,  of  the  condition  of 
the  public  finances :  to  look  forward,  and  devise 
and  recommend  such  plans,  as  may  enable  the  gov- 
ernment to  raise  the  requisite  amount  of  money,  in 
the  manner  least  I  urthensome  to  the  people. 


,m 


♦ 


SECRETARY   OF   THE   TREASURY.  221 

A  Secretary  of  the  Treasury  should  be  a  man  of 
great  arithmetical  precision ;  familiar  with  the  agri- 
culture, trade,  commerce,  and  manufactures  of  the 
country,  and  with  their  products ;  he  should  under- 
stand foreign  commerce;  whence  various  articles 
come;  where  they  are  produced,  and  whether 
they  can  advantageously  be  produced  here  or  not. 

It  has  been  already  stated  that  the  money  wanted 
by  the  government,  is  chiefly  derived  from  duties 
laid  on  foreign  goods  and  merchandises.  These 
duties  are  in  two  forms — specific  and  ad  valorem. 

A  specific  ditty  is  that  which  imposes  a  specific 
tax  on  a  specific  article ;  as  three  cents  on  a  pound 
of  cotton ;  one  cent  on  a  pound  of  iron;  four  cents 
on  a  pound  of  coifee. 

An  ad  valorem  duty  is  a  tax  according  to  value, 
as  twenty  per  cent,  on  the  cost  or  valuation  of  ar- 
ticles. When  the  duty  is  so  much  on  the  cost^  then 
it  is  rated  on  the  invoice;  when  it  is  according 
to  valuation,  appraisers  belonging  to  the  custom- 
house, appraise  the  goods,  and  the  twenty  per  cent, 
is  received  on  the  amount  of  the  appraisal. 

All  this  business  of  collecting  the  duties  is  man- 
aged at  the  custom-houses.  At  the  head  of  each 
custom-house  is  a  collector^  and  under  him,  a  sur- 
veyor of  the  port^  naval  officer^  inspectors^  measurers, 
appraisers^  and  a  multitude  of  clerks.  About  five 
hundred  persons  are  attached  to  the  custom  house 
at  New  York;  and  near  a  hundred  to  that  at 
Boston. 

When  a  vessel  arrives  at  a  port  of  the  Unit«ed 
States,  she  is  entered  by  the  captain  on  the  books 
of  the  custom-house,  and  taken  in  charge,  with  her 
whole  cargo,  by  the  officers  thereof — appointed 
to  their  several  specific  duties.  An  account  is 
19^ 


•^ 


222  SECRETARY    OF    THE    TREASURY. 

taken  of  her  cargOj  and  the  duties  fixed  by  law 
niiist  be  paid  to  the  collector  or  his  deputy.  It 
:  s  the  money  thus  collected  which  forms  the  chief 
support  of  the  government  of  the  United  States. 

The  watching  over  the  several  custom-houses 
of  the  country  is  a  vast  concern,  and  requires  not 
only  great  capacity,  and  familiarity  with  financial 
aifairs,  but  it  also  requires  untiring  industry,  vigi- 
lance and  care.  Where  there  is  money,  there  is 
danger  of  corruption.  It  is  therefore  indispensable 
that  not  only  an  honest  but  a  sagacious  man  be  at 
the  head  of  the  great  money  department  of  the  gov- 
ernment, so  as  to  detect  errors  and  punish  fraud, 
and  thus  save  the  people  from  plunder. 

There  is  another  important  thing  to  be  consid- 
ered, here.  In  laying  duties  upon  foreign  goods,  we 
not  only  wish  to  collect  revenues,  but  it  is  also 
thought  by  some  politicians,  to  be  the  duty  of  the 
government  to  lay  them  in  such  a  manner  as  to 
protect  and  encourage  the  industry  of  our  own 
country.  This  can  be  done  by  laying  duties  on 
articles  which  we  produce,  such  as  butter,  cheese, 
wool,  beef,  cotton  cloths,  woollen  cloths,  iron 
manufactures,  &c. 

If  duties  are  laid  on  these  articles  as  they  come 
from  foreign  countries,  they  will  either  not  be  sent 
here  at  ail,  or  the  price  of  them  will  be  raised,  so 
as  to  give  encouragement  and  protection  to  our 
own  producers ;  it  will  drive  away  the  foreign  pro- 
ductions, or  raise  the  price ;  thus  giving  the  entire 
market,  or  a  better  market,  to  the  productions  of 
our  home  industry. 

The  rate  of  duties  is  called  a  tariff;  and  a  pro- 
tective tariff  is  such  a  rate  of  duties  as  is  designed 
to  protect  and  encourage  our  own  producers;  to 


SECRETARY   OF   THE  TREASURY.  223 

enable  them  to  get  higher  prices  than  they  would 
get  otherwise.  Labor  is  cheaper  in  England  and 
France  and  Germany  than  in  the  United  States ; 
and  if  we  do  not  tax  the  productions  of  that  labor, 
as  they  come  here,  it  is  said  that  the  wages  of  labor 
must  here  sink  to  nearly  the  European  level. 

Beside  all  this,  it  is  thought  desirable  that  we 
should  have  a  variety  of  arts  and  trades  among  us, 
so  that  every  person  may  find  tliat  employment 
which  suits  his  taste  and  genius;  so  that  all  the 
various  resources  of  the  country,  animal,  vegetable, 
mineral,  physical,  social,  and  moral,  may  find  de- 
velopment ;  and  that  we  may  produce  within  our- 
selves, all  we  want  to  eat,  drink,  wear,  and  use : 
thus  to  secure  our  independence  in  time  of  war, 
and  when  our  ports  may  be  blockaded. 

For  these  various  reasons,  and  others,  it  is 
claimed  by  some  politicians,  that  we  should  adopt 
a  protective  policy^  in  laying  duties ;  a  policy,  the 
purpose  of  which  is  to  tax  foreign  articles  which 
come  in  competition  with  our  own  products,  and 
thus  enable  our  producers  to  get  higher  prices  than 
they  would  otherwise  obtain.  This  policy  was 
adopted  in  the  outset  of  the  government,  under  the 
Constitution,  and  has  prevailed  during  the  greater 
part  of  the  time,  since.  It  may  be  added,  that  a 
similar  policy  is  adopted  in  all  other  civilized 
countries. 

But  tWe  are  statesmen  among  us  who  hold 
that  this  protection  is  partial ;  that  it  takes  money 
out  of  the  pockets  of  one  class,  and  puts  it  into  those 
of  another.  They  maintain  that  if  you  put  a  tax 
on  foreign  cloths,  you  raise  the  price  of  the  article 
here,  and  enable  the  manufacturer  to  get  larger 
profits :  and  as  the  people  at  large  must  buy  their 


•^: 


224  SECRETARY   OF    THE    TREASURY. 

clothes,  this  higher  price  comes  out  of  their  purses 
and  goes  into  those  of  the  manufacturers.  This 
they  consider  a  tax  upon  the  consumer  for  the 
benefit  of  the  producer. 

Those  who  hold  these  opinions,  generally  repu- 
diate the  protective  system,  and  insist  that  free 
trade  is  the  true  policy  of  nations.  They  would 
raise  no  revenue  from  duties ;  they  would  have  no 
custom-houses;  they  would  let  the  ships  of  the 
world  come,  and  buy  and  sell  without  restraint. 
To  supply  the  expenses  of  government  they  would 
resort  to  direct  taxation. 

Some  of  these  politicians  insist,  if  we  are  not 
yet  prepared  for  free  trade^  that  still,  the  Consti- 
tution does  not  authorize  taxation,  or  the  laying 
of  duties  for  any  other  purpose  than  revenue  :  that 
the  rate  should  be,  therefore,  uniform ;  and  conse- 
quently they  advocate  what  is  called  a  horizontal 
rate  of  duties,  as  twenty  per  cent.,  for  instance,  on 
the  value  of  all  imported  articles ;  or  at  least  that 
nothing  shall  range  higher  than  this  general  scale. 

These  persons  say  that  if  manufacturers,  or 
agriculturists  derive  accidental  or  incidental  protec- 
tion from  this  horizontal  range  of  duties,  it  is  all 
very  well :  but  you  must  not  lay  a  lighter  or  hea- 
vier duty,  with  a  view  to  'protection.  They  oppose, 
therefore,  as  unconstitutional,  discriminating  du- 
ties^ ox  protective  duties;  that  is,  duties  varied  with 
a  view  to  protection  :  the  only  protection  they  ap- 
prove, is  that  which  is  accidental  and  undesigned, 
or,  to  use  the  common  phrase,  incidental.  Every 
revenue  act  which  is  framed  with  a  view  to 
encourage  the  producers  of  the  country,  is  deemed 
a  trespass  upon  the  Constitution. 


SECRETARY    OF    THE    TREASURY.  225 

We  shall  not  undertake  to  decide  between  these 
two  opposite  schools — the  friends  of  a  protective 
policy  J  and  the  friends  of  free  trade — further  than 
to  state  a  fact  that  ought  not  to  be  lost  sight  of, 
VIZ.,  that  the  former  has  generally  prevailed  from 
the  foundation  of  the  government,  and,  right  or 
wrong,  the  state  of  things  is  adjusted  to  it. 

Leaving  this  dispute  to  the  politicians,  we  remark 
that  the  Secretary  of  the  Treasury  is  called  upon 
for  a  multiplicity  of  facts  and  views,  which  relate 
to  the  various  questions  that  occur  in  Congress, 
touching  finance,  revenue,  &c.  It  is  indispensable, 
therefore,  that  he  be  a  man  of  accuracy,  and 
of  minute  as  well  as  extensive  information,  upon 
financial  matters. 

The  annual  expenses  of  the  government  may  be 
stated  at  about  twenty-five  millions  of  dollars. 
About  twenty  mini  on  s  are  obtained  by  customs. 
The  other  great  source  of  revenue  is  the  public 
lands. 

These  consist  of  vast  tracts  in  the  western  coun- 
try, amounting  to  a  thousand  millions  of  acres. 
The  price  at  which  they  are  sold,  is  one  dollar  and 
twenty-five  cents  the  acre.  The  annual  proceeds 
of  the  sales  have  varied  from  two  to  twenty  mil- 
lions. In  1841,  a  law  was  passed,  giving  the  pro- 
ceeds of  these  lands  to  the  several  states ;  but  this 
policy  is  yet  unsettled.  The  land  office  is  attached 
to  the  treasury  department. 

In  the  treasury  building  is  also  an  office  devoted 
to  the  affairs  of  the  Mint.  This  latter  was  estab- 
lished at  Philadelphia,  in  1792,  and  in  1835  a 
branch  was  established  at  New  Orleans,  for  the 
coinage  of  gold  and  silver.  There  are  branches 
also  for  the  coining  of  gold  at  Charlotte,  North 

15 


226  SECRETARY    OF  'WAR. 

Carolina,  and  Dahlonega,  in  Georgia.  These 
several  branches  are  under  the  control  of  the  di- 
rector of  the  mint  at  Philadelphia.  The  records 
of  these  several  establishments  are  kept  in  tha 
appropriate  office,  in  the  Treasury  Department. 


CHAPTER    LVIII. 

Secretary  of  ¥ar. 

The  War  Departmetit  is  an  extensive  building 
near  the  President's  house,  which  contains  various 
rooms,  to  accommodate  the  several  officers  attach- 
ed to  the  establishment. 

The  Secretary  of  War  has  charge  of  the  army, 
and  of  the  forts  and  garrisons  of  the  United  States. 
He  is  also  charged  with  Indian  aifairs ;  that  is,  the 
execution  of  treaties  with  the  tribes  of  Indians 
along  our  western  frontier. 

He  is  charged  with  the  providing  of  muskets, 
cannon,  and  other  munitions  of  war,  and  their  pre- 
servation in  the  different  arsenals  throughout  the 
country.  He  is  charged  with  the  marching  of 
troops  to  their  destination;  the  providing  and 
transporting  of  military  stores,  &c. 

In  time  of  peace  the  duties  of  this  officer  are 
extensive,  but  in  time  of  war,  they  are  in  the 
highest  degree  arduous  and  responsible. 

The  army  is  under  the  command  of  a  Major- 
General,  who  is  styled  the  commander-in-chief, 
and  who  has  his  head-quarters  at  Washington. 
There  are  two  divisions  of  the  army,  at  the  head 
of.  each  of  which  is  a  Brigadier-General.     The 


SECRETARY   OF    THE   NAVT.  227 

aggregate  of  the  army  is  about  eight  thousand 
men,  and  the  annual  expense  is  about  four  mil- 
Uons  of  dollars. 


•     CHAPTER    LIX. 

Secretary  of  the  Navy.- 

The  Navy  Department  is  near  the  President's 
house.  The  duties  of  the  Secretary,  are  to  take 
charge  of  the  Navy ;  to  see  to  the  building  of  ships, 
their  equipment,  and  their  fitting  out  with  men 
and  stores ;  to  see  to  the  care  of  them  while  in  or- 
dinary^ that  is,  laid  up  in  port;  to  plan  voyages  and 
cruises ;  in  short,  to  superintend  the  whole  business 
of.  the  Navy. 

There  are  several  Navy  Yards  in  the  United 
States,  where  vess'fels  are  built,  refitted,  and  taken 
care  of  Avhile  in  ordinary.  These  are  vast  estab- 
lishments, and  attended  by  great  numbers  of 
persons.  The  principal  are  at  Washington,  Phila- 
delphia, Norfolk,  and  Charlestown,  near  Boston. 

At  Washington  there  is  a  board  of  Naval  Com- 
missioners, consisting  of  three  ofiicers  of  the  navy, 
whose  duty  it  is  to  see  to  the  detail  of  constructing 
and  employing  the  public  vessels,  under  the  super- 
intendence of  the  Secretary. 

The  Navy,  though  on  a  small  scale,  acquired 
great  reputation  in  the  war  with  England  of  1812, 
and  it  is  now  a  favorite  with  the  nation.  The 
whole  number  of  ships,  sloops,  and  steam  vessels, 
belonging  to  the  United  States,  is  about,  ninety. 
The  whole  number  of  persons  employed  in  and 
about  them  is  nearly  ten  thousand.  The  annual 
expense  is  about  seven  millions  of  dollars. 


CHAPTER    LX. 

Postmaster-General. 

The  General  Post  Office  is  a  new  marble  edifice 
at  Washington,  about  half-way  between  the  Cap- 
itol and  the  President's  house.  Here  the  Post- 
master-General has  his  office.  He  is  assisted  by 
a  deputy  postmaster,  and  various  other  officers. 

The  number  of  post-offices  in  the  United  States 
is  about  fourteen  thousand  :  the  whole  extent  of  aU 
the  post  routes  is  about  one  hundred  and  fifty 
thousand  miles ;  the  annual  transportation  of  the 
mails  is  near  thirty-five  millions  of  miles.  The  an- 
nual income  is  about  four  millions  of  dollars ;  and 
the  expenditure  nearly  the  same. 

The  President  has  the  nomination  of  all  post- 
masters whose  income  of  office  is  over  one  thou- 
sand dollars  a  year :  all  others  are  appointed  by 
the  Postmaster-General.  His  salary  is  six  thousand 
dollars. 


CHAPTER    LXI. 

Attorney-General. 

The  province  of  the  Attorney-General  is  to 
advise  the  President  in  matters  of  law ;  to  manage 
cases  in  which  the  United  States  are  interested 
before  the  United  States  court,  &c.  He  resides  at 
Washington,  and  has  a  salary  of  four  thousand 
dollars. 

Several  eminent  lawyers  have  held  this  high 
station ;  among  them  William  Pinckney  and  Wil- 
liam Wirt,  both  of  Maryland. 


CHAPTER    LXII. 

Patent  Office. 

The  Patent  Office  is  one  of  the  finest  edifices  in 
the  United  States,  and  is  situated  near  the  General 
Post  Office.  Here  models  of  new  inventions  are  de- 
posited, and  the  Superintendent  issues  letters  patent, 
or  patent  rights ^  for  new  and  useful  inventions. 

By  virtue  of  these  grants,  the  patentees  are  ena- 
bled to  have  the  exclusive  making  and  vending  of 
their  inventions  for  fourteen  years.  The  object  of 
this  is  to  encourage  useful  improvements,  by  giv- 
ing the  profits  thereof  to  the  inventors  for  the  stip- 
ulated period. 

The  models  now  lodged  in  the  Patent  Office 
are  numerous,  ingenious,  and  interesting,  though 
many  were  destroyed  in  the  Patent  Office,  burnt 
down  a  few  years  since.  Those  which  exist,  afford 
a  pleasing  evidence  of  the  ingenuity  of  our  coun- 
trymen. The  whole  number  of  patents  issued  since 
1790,  is  over  twelve  thousand. 

Beside  these  models,  there  are  various  articles 
of  curiosity,  belonging  to  the  government  of  the 
United  States;  such  as  the  uniform  worn  by  Wash- 
ington when  he  took  leave  of  the  army ;  various 
rich  gifts  presented  by  foreign  princes ;  and  a  great 
collection  of  specimens  in  natural  history,  particu- 
larly ornithology,  conchology,  botany,  &c. 

The  Patent  Office  is  under  the  charge  of  a  Sur- 
perintendent^  who  is  assisted  by  various  draftsmen, 
clerks,  and  others.  The  whole  establishment  is 
subject  to  the  supervision  of  the  Secretary  of  State. 
It  is  one  of  the  most  interesting  objects  at  the  seat 
of  government. 
20 


CHAPTER  LXIIl. 

Judiciary. 

The  Judiciary  of  the  United  States  consists  of  a 
Supreme  Court ^  nine  Circuit  Courts,  and  thirty 
District  Courts.  The  judges  are  nominated  by 
the  President,  and  submitted  for  approval  or  rejec- 
tion, to  the  Senate.  They  hold  office  during  good 
behavior. 

The  Supreme  Court  is  composed  of  a  chief  jus- 
tice and  eight  associate  judges,  who  hold  a  court 
every  winter  at  Washington.  Each  of  the  judges 
also  attends  a  certain  circuit,  comprising  several 
districts.  In  each  district  he  holds  a  Circuit  Court 
at  stated  times,  being  assisted  by  a  local  judge, 
called  ^  district  judge.  The  District  Courts  are 
held  by  the  district  judges,  alone. 

All  these  circuit  and  district  courts  are  inferior 
to  the  Supreme  Court,  and  their  decisions  are  liable 
to  be  overruled  by  it.  The  Supreme  Court  is  the 
highest  judicial  tribunal  in  the  country,  and  its  de- 
cisions are  final.  It  can  even  decide  upon  the  acts 
of  Congress,  and  declare  them  to  be  unconstitu- 
tional, and  therefore  void. 

It  will  be  remarked,  however,  that  cases  which 
arise  under  state  laws,  between  citizens  of  the 
same  state,  cannot  be  brought  before  the  United 
States  Court.  This  court  hsis  jurisdiction  (that  is, 
the  power  of  acting  and  judging)  only  in  cases 
which  arise  under  the  laws  of  Congress,  or  between 
citizens  of  different  states,  and  a  few  other  cases. 
The  state  courts  adjudge  all  cases  between  their 
own  citizens. 


>        JUDICIARY.  231 

In  each  district  there  is  a  District  Attorney ^  whose 
duty  it  is  to  prosecute  all  offences  against  the  laws 
of  the  United  States ;  such,  for  instance,  as  piracy^ 
which  is  robbery  upon  the  high  seas ;  or  smuggling 
goods;  that  is,  bringing  them  into  the  country  with 
a  view  to  avoid  paying  duties.  The  District  Attor- 
ney also  manages  all  cases  in  which  the  United 
8tates  are  a  party. 

In  each  district  is  a  Marshal,  who  performs  the 
duties  of  a  sheriff;  that  is,  he  attends  the  court  of 
the  district,  and  executes  the  precepts  directed  to 
him.  He  keeps  persons  accused  of  crimes  in  cus- 
tody, and  when  required,  brings  them  before  the 
court ;  he  also  executes  sentence  upon  criminals, 
and  in  general,  is  the  executive  officer  of  the 
court. 

Each  district  has  a  place  where  the  court  sits 
and  where  its  records  are  kept ;  and  here  a  clerk 
attends  to  the  business  of  the  office.  It  is  in  these 
offices  that  the  titles  of  books  are  deposited,  upon 
which  authors  desire  to  obtain  copyright.  The 
clerk  issues  certificates  that  such  titles  are  depos- 
ited ;  and  when  his  book  is  published,  the  author 
leaves  a  copy  at  the  clerk's  office;  his  cbpyright 
is  then  complete ;  and  he  only,  and  those  whom  he 
may  authorize,  have  a  right  to  print  or  publish  it. 

The  salary  of  the  chief  justice  is  five  thousand 
dollars  a  year:  each  of  the  associate  judges  has 
four  thousand  five  hundred  dollars;  the  district 
judges  receive  from  one  thousand  to  three  thousand 
dollars  a  year. 

Among  the  eminent  men  who  have  held  the 
office  of  chief  justice  of  the  United  States  Court, 
are  Oliver  Ellsworth,  of  Connecticut,  who  died  in 
1807,  and  John  Marshall,  who  died  in  1838. 


CHAPTER  LXIV. 

State  Governments. 

We  have  now  taken  a  brief  view  of  the  natioiial 
government:  that  government  which  binds  twenty- 
six  separate  states  or  repubUcs,  into  one  great  fed- 
eral republic.  Let  us  now  take  a  survey  of  the 
several  states,  which  are  at  present  twenty-six  in 
number. 

Each  of  the  states  has  a  written  constitution; 
some  of  these  were  adopted  during  the  revolution- 
ary struggle,  and  have  since  been  revised,  remod- 
dled  or  amended.  Others  have  been  made  anew, 
at  later  periods.  Rhode  Island  is  the  only  state 
which  retains  its  colonial  charter.  Efforts  are  now 
making  in  this  state  for  the  adoption  of  a  new 
constitution,  which  are  likely  to  prove  successful. 

Several  of  the  state  constitutions  consist  of  two 
parts,  first  a  bill  of  rights^  setting  forth  certaiii 
abstract  principles  of  government  and  law;  and 
second,  a  series  of  rules  for  the  organization  and 
ad7ninistration  of  the  government. 

All  these  constitutions  prescribe  a  republican 
form  of  government;  that  is,  a  government  in 
which  the  people  choose  certain  officers  to  repre- 
sent them,  and  act  for  them  in  public  affairs. 

In  all  the  state  constitutions,  provision  is  made 
for  keeping  the  three  powers — legislative,  execu- 
tive, and  judicial — distinct  and  separate. 

In  every  state  there  is  a  Governor,  and  in  most 
a  Lieutenant  Governor.  The  Governor  constitutes 
the  executive  branch,  being  assisted  in  some  cases 
by  an  executive  council.     He  is  generally  thf 


STATE   GOVERNMENTS.  233 

commander-in-chief  of  the  state  miUtia ;  appoints 
and  commissions  various  officers,  and  has  a  gene- 
ral superintendence  of  pubUc  affairs. 

In  most  of  the  states  the  Governor  is  elected  for 
a  single  year.  In  some  instances,  he  is  elected  for 
a  longer  time,  as  in  New  York,  North  Carolina, 
Georgia,  and  some  others,  for  two  years ;  Pennsyl- 
vania, Virginia,  Indiana,  for  three  years;  Dela- 
ware, Louisiana,  Arkansas,  for  four  years.  None 
are  elected  for  a  longer  term  than  the  last  period. 
In  some  states  the  Governor  is  elected  by  the  leg- 
islature, but  in  most  instances  by  the  people. 

In  all  cases  the  legislature  consists  of  two 
branches,  a  House  of  Representatives  and  a  Senate. 
No  bill  can  become  a  law  unless  sanctioned  by 
both  houses.  The  Governor  has  also  a  veto  in 
most  cases. 

The  legislatures  of  the  several  states  usually 
meet  once  a  year.  In  some  cases,  however,  their 
sessions  are  held  but  once  in  two  years.  The 
qualifications  required  for  members  of  the  legisla- 
ture, are  various.  In  a  majority  of  states,  citizen- 
ship, possession  of  a  certain  amount  of  real  estate, 
and  being  over  twenty-five  years  of  age,  are  requi- 
sites. 

The  Judiciary  of  the  several  states  consists  of  a 
superior  court,  and  several  inferior  courts,  arranged 
somewhat  after  the  model  of  the  United  States' 
courts.  The  judges  are  generally  appointed  by  the 
legislature,  in  some  instances  annually,  in  others 
for  a  term  of  years,  and  in  others  during  good  be- 
havior. 

All  the  states  are  divided  into  counties.  In  each 
county  there  is  a  court-house  where  courts  are 
held,  and  where  various  records  are  kept.  Each 
20=^ 


234  PUNISHMENTS. 

court  has  a  clerk  to  record  its  proceedings,  and  a 
sheriff  or  other  officer  to  execute  its  precepts. 
There  are  also  county  and  state  prisons  for  the 
confinement  of  those  who  are  under  arrest,  or  who 
are  convicted  of  crimes  and  misdemeanors. 


^  CHAPTER  LXV. 

Punishments. 

In  barbarous  ages,  especially  in  despotic  coun 
tries,  the  punishments  for  offences  against  the  state 
have  always  been  numerous  and  cruel.  Torture 
and  death  have  been  inflicted  in  thousands  of 
cases,  not  only  for  such  high  offences  as  treason, 
robbery  and  murder,  but  for  more  trivial  misde- 
meanors, and  even  for  holding  particular  religious 
opinions,  and  those  which  are  now  regarded  as 
right  by  a  large  part  of  the  Christian  world. 

Even  in  England,  where  the  criminal  code  has 
been  softened  with  the  progress  of  civilization, 
down  to  a  recent  period  the  laws  made  about  two 
hundred  offences  capital  crimes  ;  that  is,  punisha- 
ble with  death.  A  change  has  very  lately  taken 
place,  and  the  number  of  capital  offences  now 
known  to  the  English  law,  .  are  only  thirteen, 
among  which  are  the  following : — 

Treason;  murder ;  attempt  to  murder^  by  ad- 
ministering poison;  attempt  to  murder^  by  stab- 
bing ;  piracy,  attended  by  an  attempt  to  murder ; 
robbery,  with  an  attempt  to  murder;  burglary^ 
(that  is,  breaking  into  a  house  between  nine 
o'clock  at  night  and  six  o'clock  in  the  morning,) 


PUNISHMENTS.  235 

with  an  attempt  to  murder ;  arson^  that  is,  setting 
fire  to  a  dwelling-house  with  any  person  therein ; 
exhibiting  any  false  light ^  with  an  intent  to  bring 
a  vessel  into  danger;  and  every  accessary  before 
the  fact^  to  any  one  of  the  above  offences. 

Most  of  these  offences  have  been  punished  with 
death  in  this  country ;  but  there  has  been  and  still 
is  a  growing  aversion  to  capital  punishment.  The 
belief  extensively  prevails,  that  a  mild  code  is 
more  effectual  in  checking  crime,  than  a  san- 
guinary one ;  and  under  the  influence  of  these 
views,  only  a  few  of  the  more  atrocious  crimes  are 
now  punished,  in  this  country,  with  death. 

Imprisonment,  with  confinement  to  hard  labor, 
and  in  some  instances  solitary  confinement,  are  now 
the  chief  inflictions  of  the  law  for  crimes  against 
the  public.  Piragy,  cognisable  by  the  United 
States'  courts,  and  murder  by  the  state  courts,  are 
universally  punished  with  death. 

Imprisonment  for  debt,  a  common  practice  in 
most  other  countries,  is  nearly  abolished  in  the 
states.  If  a  person  has  no  property,  and  will  take 
oath  to  that  effect,  he  can  obtain  his  release  from 
imprisonment  for  debt.  This  is  a  great  mitigation 
of  former  laws ;  for  once  a  creditor  could  keep  his 
debtor  in  prison  as  long  as  he  pleased,  even  if  he 
had  not  a  farthing  of  property.  The  law  gave 
the  creditor  entire  poAver  over  the  body  of  the 
debtor,  and  this  is  still  the  fact  in  some  European 
comi  tries. 


CHAPTER  LXVI. 

Qualifications  of  Voters. 

The  chief  distinctft)n  between  our  political  sys- 
tem and  the  systems  of  other  countries,  is  in  the 
freedom  of  our  elections.  In  England,  France, 
Spain  and  some  other  countries,  the  right  of  suf- 
frage^ the  elective  franchise^  or  in  other  words,  the 
privilege  of  voting  for  public  officers,  exists,  but  it 
is  enjoyed  only  by  a  few  persons,  and  those  having 
considerable  property.  In  this  country  the  inval- 
uable right  of  suffrage  is  much  more  extended.  In 
most  of  the  states,  every  citizen  who  has  resided  in 
a  place  for  a  few  months,  and  paid  a  tax,  is  enti- 
tled to  vote  there  in  the  elections  for  all  public 
officers. 

In  the  earlier  periods  of  our  state  governments, 
the  right  of  suffrage  was  not  enjoyed  except  by 
persons  holding  landed  estate  :  this  right  has  been 
gradually  extended,  so  as  to  be  nearly  universal, 
in  almost  all  the  states. 

In  Rhode  Island,  as  the  original  colonial  charter, 
granted  in  1663,  is  in  force,  and  forms  the  basis  of 
the  government  to  the  present  day,  the  ancient 
qualifications  of  voters  are  still  required,  among 
which  is  the  holding  of  real  estate  to  the  value  of 
one  hundred  and  thirty-four  dollars.  This  restraint 
upon  the  elective  franchise,  or  right  of  voting,  has 
been  a  just  cause  of  complaint,  among  a  part  of 
the  citizens  of  Rhode  Island,  for  many  years ;  and 
as  their  wishes  have  been  steadily  resisted,  the 
feeling  of  resentment  broke  out  into  open  insurrec- 
tion in  1842. 


QUALIFICATIONS    OF   VOTERS.  237 

An  informal  convention  had  been  called  the  year 
previous,  which  formed  a  constitution :  this  being 
submitted  to  the  people,  was  said  to  be  accepted  by 
a  majority.  Under  this,  an  election  was  held ;  a 
governor  by  the  name  of  Dorr  was  elected,  with 
a  senate  and  representatives.  Dorr  resorted  to 
arms  to  establish  this  government,  but  was  driven 
out  of  the  state  by  the  regular  government. 

It  is  to  be  hoped  that  the  portion  of  the  people 
of  Rhode  Island  opposed  to  the  extension  of  suf- 
frage, called  the  charter  'party ^  and  who  have  pre- 
venteii  the  formation  of  a  liberal  constitution,  will 
see  the  policy  and  justice  of  adopting  a  written 
constitution,  as  liberal,  in  respect  to  suffrage  and 
other  matters,  as  the  constitutions  of  the  adjacent 
states  of  Massachusetts  and  Connecticut. 

There  is  no  one  point  upon  which  the  American 
people  are  more  justly  jealous  than  upon  this  of 
suff*rage.  They  not  only  claim  that  it  shall  be 
extensively  enjoyed,  but  they  insist  upon  voting 
by  ballot.  This  is  done  by  putting  a  piece  of  paper, 
with  the  name  of  the  person  voted  for,  into  a  box, 
called  the  ballot-box.  This  is  done  so  that  no  one 
need  see  or  know  who  a  person  votes  for.  The 
advantage  of  this  mode  of  voting,  is  that  every  man 
may  vote  independently ;  that  even  the  poor  and 
dependent  may  vote  as  they  like,  without  being 
overawed  by  the  rich,  or  those  who  have  some 
power  over  them. 

It  will  be  perceived  that  in  political  affairs, 
women  arid  children  do  not  vote.  It  may  be  asked, 
what  right  has  society  to  exclude  these  persons 
from  so  dear  a  privilege  as  that  of  the  elective 
franchise?  The  answer  is,  that  the  good  of  so- 
ciety, and  the  good  of  those  thus  restrained,  is  best 


238  THE  MAJORITY. 

consulted  by  such  a  course.  If  women  were  to 
engage  in  party  strife,  they  would  lose  the  respect 
they  now  receive  from  men,  and  by  which  they  ex- 
ercise a  powerful  influence  over  them.  If  children 
were  to  vote,  they  would  do  it  ignorantly  and 
capriciously,  and  thus  injure  themselves  and 
others,  hy  imparting  their  ignorance  and  caprice  to 
the  affairs  of  government.  It  may  be  remarked 
that  these  views  are  so  clear  and  conclusive,  that 
in  no  political  system  has  the  right  of  suffrage  ever 
been  granted  to  women  or  children. 


CHAPTER  LXVII. 

The  Majority. 

The  great  principle  that  lies  at  the  foundation 
of  our  government  is,  that  the  people  are  to  rule ; 
and  the  way  to  ascertain  what  the  people  wish,  is, 
in  a  formal  and  careful  manner,  to  ascertain  the 
decision  of  the  majority.  The  majority  having 
expressed  their  views,  the  rest  of  the  people 
acquiesce. 

Thus,  in  forming  a  constitution,  if  the  larger 
number  of  persons  qualified  to  vote,  declare  in 
favor  of  it ;  that  is,  if  a  majority  vote  for  it,  it  is 
considered  as  adopted  by  the  people ;  the  smaller 
number,  the  m^inoriiy^  being  bound  to  submit  and 
support  the  constitution  thus  established. 

It  is  the  same  in  the  choice  of  members  of  Con- 
gress, governors  of  states,  &c.  The  dandidate  (that 
is,  the  person  who  is  held  up  before  the  people  for 


POLITICAL    PARTIES.  239 

A  particular  office)  must  have  a  majority  of  votes, 
or  more  votes  than  all  other  persons,  in  order  to  be 
declared  elected* 

This  is  the  case  in  almost  all  the  states.  In  some 
instances,  in  the  choice  of  officers,  the  person  who 
has  a  plurality  of  votes,  (that  is,  the  highest  num- 
ber of  votes,  or  more  votes  than  any  other,)  is 
declared  elected. 

It  mu'y  be  asked  why  the  minority  should  submit 
to  the  majority  ?— in  other  words,  what  right  has  the 
majority  to  rule  ?  We  answer,  that  in  this  way 
alone  can  popular  government  be  carried  on.  A 
majority  and  a  minority  being  always  opposed  to 
each  other,  one  must  yield  :  of  course,  the  few  must 
give  way  to  the  many.  The  voice  of  the  majority 
is  therefore  taken  as  the  voice  of  the  whole.  The 
obligation  of  the  minority  to  submit,  lies  in  this — 
that  in  no  other  way  can  government  be  sustained. 
To  resist  the  decision  of  a  majority  is  to  declare 
for  anarchy,  or  revolution. 


CHAPTER  LXVIII. 

Political  Parties. 

Political  parties  have  existed  in  all  free  govern- 
ments. They  spring  from  the  different  views  which 
different  persons  take  of  great  questions  affecting 
the  public  interest.  Persons  entertaining  the  same 
riews  will  associate  together,  and  act  together,  to 
iCarry  the  measures  they  approve,  and  to  defeat  those 
chey  condemn.  Other  persons,  entertaining  oppo- 
site views,  will  also  associate  together  to  counter- 
act the  operations  of  the  first  party,  thus  formed. 


240  POLITICAL   PARTIES. 

Thus  one  party  always  begets  another;  and 
as  ambitious  individuals  are  apt  to  put  themselves 
at  the  head  of  these  several  parties,  and  excite 
them  against  each  other,  there  is  usually  a  good 
deal  of  bitterness  between  them.  It  has  often  hap- 
pened that  persons  have  become  so  devoted  to 
party,  as  to  forget  their  country ;  and  in  some 
instances  patriotism  has  been  swallowed  up  in 
party  spirit. 

In  Greece  and  Rome,  the  people  were  divided 
into  parties,  and  in  England  we  have  witnessed 
the  same  state  of  things.  The  terms  Whig  and 
Tor]/,  have  long  been  used  to  denote  the  two 
leading  parties  :  the  first  professing  to  be  the  peo- 
ple's party,  and  to  aim  at  taking  power  from  the 
crown  and  giving  it  to  the  people;  the  latter 
being  the  king's  party,  and  aiming  to  take  power 
from  the  people  and  give  it  to  the  crown. 

These  terms  were  adopted  in  this  country  during 
the  revolution ;  the  friends  of  liberty  and  indepen- 
dence taking  the  name  of  whigs ;  those  who  ad- 
hered to  the  king  and  opposed  the  revolution, 
being  called  tories.  Still  more  recently,  one  of  the 
political  parties  here  has  assumed  the  title  of  whig, 
meaning  thereby  to  declare  their  opposition  to 
executive  encroachments ;  and  these  have  applied, 
as  a  term  of  reproach,  the  name  of  tories  to  their 
opponents. 

Soon  after  the  adoption  of  the  constitution,  it 
was  seen  that  different  views  were  entertained  as  to 
its  construction  and  administration.  Some  persons 
feared  that  the  national  government  would  be  too 
weak,  and  therefore  leaned  towards  giving  the  con- 
stitution a  liberal  construction,  so  as  to  extend  the 
powers  of  the  federal  government ;  and  hence  they 


POLITICAL   PARTIES.  241 

were  called  federalists.  Among  them  was  Wash- 
ington and  Alexander  Hamilton;  and  the  party 
they  led  was  called  the  federal  party. 

On  the  other  hand,  there  were  persons,  who, 
instead  of  fearing  that  the  federal  government 
would  not  be  strong  enough,  apprehended  that  it 
would  be  too  strong;  that  it  would  swallow  up 
the  state  governments,  and  become  a  sort  of  des- 
potism. Among  these  were  Thomas  Jefferson  and 
James  Madison.  These  latter  called  themselves 
at  first,  republicans^  and  afterwards  they  and  their 
followers  were  styled  democrats. 

The  politicians  of  the  country,  and  indeed 
nearly  all  the  citizens,  continued  divided  between 
these  two  great  parties — federalists  and  demo- 
crats— from  1800  to  the  close  of  the  war  in 
1815,  when  they  seemed  to  cease.  Both  these 
terms  have,  however,  been  revived  within  the  last 
few  years.  The  party  which  supported  General 
Jackson,  assumed  the  title  of  democrats;  and  as 
whigs  called  them,  in  reproach,  tories,  they  in 
return  denominated  the  whigs,  federalists. 

Among  the  various  means  resorted  to  by 
political  parties  to  carry  on  their  measures,  are 
conventions^  called  for  the  purpose  of  nomhiating.^ 
that  is,  recommending  candidates  for  office.  The 
conventions  consist  of  delegates,  sent  by  the  people 
of  the  party  calling  the  convention,  and  when  they 
have  agreed  upon  a  candidate,  they  recommend 
him  to  the  voters,  and  he  usually  receives  the 
support  of  his  party. 

It  might  appear  at  first  view  that  there  were 
serious  objections  to  this  course  of  proceeding, 
inasmuch  as  it  seems  to  interfere  with  a  free  ex- 
pression of  the  public  will.  But  it  is  to  be  con- 
21  16 


242  DUTIES    OF    CITIZENS. 

sidered  that  no  person  can  be  elected  unless  he 
has  a  majority  of  all  the  votes :  if,  therefore,  no 
means  were  taken  to  concentrate  public  opinion, 
the  votes  would  be  scattered  upon  a  multitude  of 
candidates,  and  no  one  would  be  chosen.      * 

In  the  southern  and  western  states,  persons 
offer  themselves  as  candidates,  particularly  for 
Congress,  and  thus  the  people's  attention  is  directed 
to  a  few  leading  candidates.  These  go  from  place 
to  place,  addressing  collections  of  people  in  the 
district,  and  setting  forth  their  opinions,  views,  and 
principles. 

A  common  method  of  conferring  upon  public 
affairs,  among  political  parties,  is  to  hold  a  kind  of 
preliminary  meeting,  called  a  caucus^  at  which 
leading  individuals  compare  opinions,  and  devise 
their  plans  of  proceeding. 


CHAPTER    LXIX. 

Duties  of  citizens. 

We  have  endeavored  to  show,  in  the  early  pages 
of  this  work,  that  civil  government  is  necessary  in 
order  to  insure  the  happiness  of  society ;  that  with- 
out government — anarchy,  violence,  and  injustice 
would  prevail ;  that  peace,  order,  and  justice  can 
only  exist  where  government  is  established,  and 
where  the  people  submit  to  the  laws. 

Government  is  designed,  or  ought  to  be  designed, 
for  the  good  of  the  people ;  and  when  it  is  wisely 
framed  and  well  administered,  it  is  one  of  the 
greatest  of  earthly  blessings.     Such  a  government 


DUTIES   OF   CITIZENS.  243 

may  be  compared  to  a  good  house,  comfortable  and 
convenient,  and  protecting  every  member  of  the 
family  alike  from  the  storms  and  tempests  of  the 
season. 

Now  we  suppose  our  American  system  of  govern- 
ment to  be  thus  wisely  contrived  and  happily  ad- 
ministered, and  like  the  good,  comfortable  house,  to 
afford  shelter  and  protection  to  all.  Shall  we  not, 
then,  give  it  our  cheerful  support  ?  Would  we  not 
watch  over  our  dwelling,  repair  defects,  remedy 
decay,  defend  it  from  the  attacks  of  enemies,  and 
quench  the  fire  that  threatens  its  destruction  ?  And 
shall  we  not  do  as  much  for  that  government  which 
is  the  shelter  of  the  whole  nation,  and  as  necessary 
to  our  peace  and  protection  as  the  very  roofs  over 
our  heads? 

And  now  in  what  way  can  we  aid  and  support 
the  government? 

1.  When  at  a  proper  age,  we  must  pay  taxes;  for 
it  is  impossible  that  government  should  be  carried 
on  without  money.  Public  officers,  who  spend 
their  time  for  the  benefit  of  the  people,  must  have 
support :  they  must  have  food  and  clothing  and 
shelter ;  and  if  constantly  employed  in  the  business 
of  the  public,  how  can  they  provide  these  things  1 
The  only  way  is  for  the  public  to  pay  them  for 
their  services. 

The  president  and  vice-president,  the  governors 
and  lieutenant-governors;  the  members  of  the 
several  legislatures ;  the  judges,  soldiers  and  sailors, 
must  receive  their  pay.  The  public  buildings,  the 
ships,  the  forts,  the  light-houses,  all  require  money, 
as  well  in  their  construction  as  for  their  current 
expenses. 

Although  these  things  demand  vast  sums  of 


244  DUTIES    OF   CITIZENS. 

money,  when  taken  together,  the  cost  to  each  indi- 
vidual is  very  little.  There  are  seventeen  millions 
of  people  in  the  United  States,  and  the  whole  ex- 
penses of  the  national  government  are  not  more 
than  twenty-five  millions  of  dollars  a  year :  this  is 
only  about  a  dollar  and  a  half  for  each  man,  woman 
and  child.  And  surely  a  dollar  and  a  half  a  year  is 
a  small  sum  to  pay  for  such  blessings  as  our  na- 
tional government  bestows.  The  expenses  of  our 
state  governments  are  somewhat  less  than  those 
of  the  national  government. 

2.  Beside  paying  our  money  for  the  support  of 
government,  at  a  proper  age  we  are  called  upon  to 
do  military  duty,  and  if  need  be,  to  fight  the  ene- 
mies of  our  country.  From  this  duty  we  surely 
ought  not  to  shrink,  unless  from  religious  scruples.^ 

3.  There  other  duties  which  devolve  upon  us, 
when  we  become  citizens,  such  as  serving  upon 
juries^  when  required  by  law ;  testifying  in  court ^  as 
cases  of  necessity  arise,  &c.  But  the  most  impor- 
tant of  all  the  duties  of  a  citizen,  lies  in  the  exer- 
cise of  the  elective  franchise^  or  the  choice  of  public 
officers. 

4.  I  have  had  occasion  several  times  to  remark, 
that  the  manrier  in  which  government  is  adminis- 
tered is  as  important  as  the  form  of  government. 
A  good  house  may  be  very  uncomfortable,  if  you 
have  a  bad  housekeeper.  Now  we  have  an  admi- 
rable system  of  government,  but  we  must  have 
good  rulers,  good  men  to  carry  it  on,  or  it  will  be  like 
the  good  house,  with  a  bad  housekeeper;  and  every- 

*  The  Quakers,  and  some  others,  entertain  the  belief,  that  ail 
war  and  fighting  is  wrong  ;  that  even  if  attacked,  we  should  offer 
no  resistance.  In  general,  such  persons  are  not  required  by  lavr 
to  do  military  duty. 


DUTIES    OF    CITIZENS.  245 

body  under  its  inj0[uence,  all  the  members  of  society, 
will  suffer. 

The  people — the  voters — choose  the  rulers,  and 
are  therefore  responsible  for  the  manner  in  which 
the  government  is  carried  on.  Prom  this  fact  sev- 
eral important  consequences  flow. 

If  a  man  votes  for  a  bad  ruler,  he  does  what  he 
can  to  injure  himself^  his  family^  his  neighbors  and 
his  country  ;  because,  in  voting  for  a  bad  ruler,  a 
freeman  votes  for  bad  government. 

If  a  freeman  stays  away  from  the  polls,  and  re- 
fuses or  neglects  to  vote,  he  neglects  one  of  the 
greatest  and  highest  duties.  He  belongs  to  a  coun- 
try with  a  representative  government :  a  govern- 
ment in  which  all  ought  to  be  represented — the  high 
and  low,  the  rich  and  poor,  the  learned  and  un- 
learned, the  wise  and  simple.  If  the  people  refuse 
to  vote,  the  great  design  of  our  government  fails : 
the  people  are  not  represented,  and  therefore  we 
have  a  government  of  a  part,  and  not  a  govern- 
ment of  the  whole. 

And  beside  this,  if  a  man  refuse  to  vote,  how 
can  he  be  sure  that  bad  men  will  not  assemble  at 
the  polls,  and  put  in  bad  rulers  ?  He  who  stays 
away  from  the  polls  is  answerable  for  all  the  evil 
consequences  which  may  follow  from  his  neglect. 

A  man  is  bound  to  use  the  same  good  judgment 
— the  same  common  sense,  in  acting  for  the  people, 
as  in  acting  for  himself  A  man  is  bound  to  use 
the  same  vigilance,  in  acting  for  his  country,  as  in 
acting  for  himself  A  man  is  bound  to  be  as  hon- 
est, in  acting  for  his  country,  as  in  acting  for 
himself  And,  now,  as  votes  are  put  into  the  hands 
of  the  people  of  this  country,  thus  giving  them 
power  of  good  and  ill,  of  life  and  death,  over  lib- 
21=* 


246  DUTIES    OF   CITIZENS. 

erty  and  good  government,  shall  they  ever  neglect 
or  refuse  to  use  this  power  ?  Shall  the  American 
freeman  abuse  this  power  7  Shall  he  be  dishonest 
in  the  use  of  this  power?  Shall  he  ever  act,  in  a 
matter  of  vital  importance  to  his  country,  without 
the  good  sense,  or  the  honest  purpose,  that  he  ad 
mits  should  guide  him  in  the  affairs  of  common  life? 

This  is  a  matter  which  I  press  upon  my  young 
friends  with  earnestness,  for  there  is  a  sad  loose- 
ness in  society,  both  of  thought  and  action,  respect- 
ing politics.  Some  persons  have  held  the  creed 
that  "«//  is  fair  in  politics  f^ and  it  is  to  be  feared 
that  this  wicked  and  vicious  maxim  is  partially 
adopted  in  action  by  many  persons  who  are  hardly 
aware  of  it. 

Among  the  evidences  of  this  corruption  of  the 
public  mind,  we  may  remark  that  many  persons  feel 
that  they  may  vote  to  gratify  their  own  personal 
feelings;  many  carry  to  the  polls  their  personal 
prejudices,  leaving  their  patriotism  at  home ; 
they  vote  to  satisfy  some  grudge  or  some  whim ; 
some  friendship  or  some  hate ;  they  vote  to  effect  a 
personal,  not  a  patriotic  object.  All  these  are 
abuses  of  the  high  trust  and  noble  privilege 
placed  in  the  hands  of  voters. 

It  is  the  bounden  duty  of  every  freeman  at  the 
polls  to  discard  such  unworthy  motives ;  to  look^ 
with  singleness  of  heart  and  honesty  of  purpose 
to  consequences ;  and  to  cast  his  ballot  for  his 
country  J  and  not  for  himself.  Such,  indeed,  will  be 
the  case  with  every  noble  and  upright  mind — every 
mind  worthy  of  a  freeman's  privilege;  every 
mind  that  is  not  bowed  down  to  the  idol  of  party 
and  not  the  ignominious  slave  of  selfish  ana 
narrow  personal  feeling. 


DUTIES    OF    CITIZENS.  247 

111  order  to  contend  successfully  with  the  sinister 
influences  which  attend  us  all  in  the  field  of  poli- 
tics, I  know  of  no  better  lesson  than  this — let  us 
study  the  character  of  Washington^  and  seek  to 
make  him  our  m^odel.  Let  us  study  the  fathers  of 
the  revolution,  and  emulate  their  patriotic  example 
— their  sacrifice  of  self  to  their  country. 

5.  Among  the  duties  of  citizens,  the  last  I  shall 
notice,  is  the  obligation  to  observe  and  support  the 
laws.  As  I  have  shown,  in  the  early  part  of  this 
work,  every  law  is  designed  to  protect  us  in  some 
of  our  rights  and  enjoyments;  and  though  each  law 
be  a  restraint  upon  absolute  liberty,  yet  it  is  for  the 
interest  of  each  and  all  to  support  the  laws.  Every 
man  who  violates  a  law,  not  only  does  injustice  or 
inflicts  injury,  either  public  or  private,  but  he  sets 
an  evil  example,  and  thus  does  a  mischief  to  the 
whole  community.  He  not  only  does  a  particular 
wrong,  but  his  conduct  tends  to  break  down  the 
fabric  of  government,  and  to  render  all  our  rights 
and  privileges  insecure. 

A  violation  of  law  is  therefore  a  great  wrong, 
and  every  good  citizen  should  beware  of  it.  It 
may  be  said,  indeed,  that  a  law  may  be  unjust  and 
oppressive — and  the  question  will  be  asked,  shall 
such  a  law  be  observed  7  To  this  we  reply,  that 
an  unjust  and  oppressive  law  is  not  morally 
binding  upon  us.  Still,  in  a  free  country  like  ours, 
when  we  find  a  law  upon  the  statute  book,  we 
have  reason  to  believe  that  it  is  both  just  and  sal- 
utary ;  and  we  ought  not  to  resist  it,  until  after 
very  mature  deliberation,  ample  public  discussion, 
and  the  trial  and  failure  of  all  the  ordinary  modes 
of  effecting  changes  in  legislation. 


2^'  DUTIES   OF    CITIZENS. 

1  have  but  one  thing  more  to  add — and  that  re- 
spects the  manner  in  which  all  political  discus- 
sions should  be  conducted.  In  the  first  place, 
there  should  be  a  strict  observance  of  good  breed- 
ing; there  should  be  no  ungentlemanly  contradic- 
tions; no  imputation  of  bad  motives.  There 
should  be  no  heat  of  words  or  manner  ;  no  display 
of  anger.  All  should  be  done  in  coolness  and 
kindness. 

In  the  second  place,  there  should  be  perfect  fair- 
ness. In  making  statements,  the  one  who  offers 
them  should  take  the  utmost  care  to  see  and  know 
that  they  are  true :  and,  in  the  next  place,  only 
such  inferences  or  arguments  should  be  deduced 
from  facts  as  are  perfectly  legitimate.  By  fair  dis- 
cussions, conducted  in  a  gentlemanly  way,  the 
truth  may  be  advanced ;  but  no  good  can  flow  from 
angry  disputes,  or  from  disingenuous  controversy. 

Let  it  be  ever  borne  in  mind  by  my  readers  that 
it  never  can  be  the  interest  of  an  inquirer  to  be 
cheated  or  duped  :  therefore  truth  is  the  first  object 
to  him.  Let  it  be  also  remembered,  that,  with  an 
honorable  mind,  the  first  question  in  respect  to  any 
statement,  always  is  this — is  it  true  7 — and  no  man, 
who  is  worthy  of  being  called  a  man,  will  conde- 
scend to  use  a  statement,  either  in  making  up  his 
own  mind,  or  in  attempting  to  exercise  an  influence 
upon  others,  till  he  knows  that  it  is  true. 

^  Those  who  will  use  falsehood  for  party  or  polit- 
ical purposes — or  who  will  use  that  which  they  do 
not  know  to  be  true,  are  alike  base  and  contempt- 
ible in  the  light  of  religion  and  honor.  A  polit- 
ical falsehood  or  trick  is  as  bad  as  any  other,  and 
even  worse,  for  it  imports  mischief  to  the  whole 
community. 


APPENDIX. 


.bLCLAHATION  OF  RIGHTS 

Vl^    \ilh.   CONTIKLNTAL   CCNGRESS,    OCTOBER    14,    1774. 

WHtRjiAS,  hince  the  close  of  the  last  war,  the  British  Parlia- 
jnent,  claiming  a  power  of  right  to  bind  the  people  of  America 
by  statutes  in  all  cases  whatsoever,  hath  in  some  acts  expressly 
imposed  taxes  on  them,  and  in  others,  under  various  pretences, 
but  in  fact  for  the  purpose  of  raising  a  revenue,  hath  imposed 
rates  and  duties  payable  in  these  colonies,  established  a  Board  of 
Commissioners,  with  unconstitutional  powers,  and  extended  the 
Jurisdiction  of  Courts  of  Admiralty,  not  only  for  collecting  the  said 
duties,  but  for  the  trial  of  causes  merely  arising  within  the  body 
>*f  a  county : 

And  whereas,  in  consequence  of  other  statutes,  judges,  who 
•*efore  held  only  estates  at  will  in  their  offices,  have  been  made 
'iependent  on  the  crown  alone,  for  their  salaries,  and  standing 
«rmies  kept  in  times  of  peace ;  and  whereas,  it  has  lately  been 
'/esolved  in  Parliament,  that  by  force  of  a  statute,  made  in  the 
ihirty-fifth  year  of  the  reign  of  King  Henry  the  VHI.,  colonists 
may  be  transported  to  England,  and  tried  there,  upon  accusations 
for  treasons  and  misprisions,  or  concealments,  of  treasons  commit- 
ted in  the  colonies,  and  by  a  late  statute,  such  trials  have  been 
directed  in  cases  therein  mentioned : 

And  whereas,  in  the  last  session  of  Parliament,  three  statutes 
were  made  ;  one  entitled,  '  An  act  to  discontinue,  in  such  manner, 
and  for  such  time,  as  are  therein  mentioned,  the  landing  and  dis- 
charging, lading,  or  shipping  of  goods,  wares,  and  merchandise, 
at  the  town,  and  within  the  harbor,  of  Boston,  in  the  province  of 
Massachusetts  Bay  in  North  America ;'  another  entitled,  '  An  act 
for  the  better  regulating  the  government  of  the  province  of  Mas- 
sachusetts Bay  in  New  England  ;'  and  another  entitled,  '  An  act 
for  the  impartial  administration  of  justice,' in  the  cases  of  persona 
questioned  for  any  act  done  by  them  in  the  execution  of  the  law, 
or  for  the  suppression  of  riots  and  tumults,  in  the  province  of  the 
Massachusetts  Bay  in  New  England :'  and  another  statute  was 


250  APPENDIX. 

ment  of  the  province  of  Quebec,'  &c.  All  which  statutes  ar> 
impolitic,  unjust,  and  cruel,  as  well  as  unconstitutional,  and  most 
dangerous  and  destructive  of  American  rights  : 

And  whereas,  assemblies  have  been  frequently  dissolved,  con- 
trary to  the  rights  of  the  people,  when  they  attempted  to  delibe- 
rate on  grievances  :  and  their  dutiful,  humble,  loyal,  and  reason- 
able petitions  to  the  crown  for  redress,  have  been  repeatedly 
treated  with  contempt,  by  his  majesty's  ministers  of  state  : 

The  good  people  of  the  several  colonies  of  New  Hampshire, 
IMassachusetts  Bay,  Ehode  Island  and  Providence  Plantations, 
Connecticut,  New  York,  New  Jersey,  Pennsylvania,  Newcastle, 
.Kent,  and  Sussex,  on  Delaware,  Maryland,  Virginia,  North  Caro- 
lina, and  South  Carolina,  justly  alarmed  at  these  arbitrary  pro 
ceedings  of  parliament  and  administration,  have  severally  elected, 
constituted,  and  appointed  deputies  to  meet  and  sit  in  general 
congress,  in  the  city  of  Philadelphia,  in  order  to  obtain  such  es- 
tablishment, as  that  their  religion,  laws,  and  liberties  may  not 
be  subverted ;  whereupon  the  deputies  so  appointed  being  now 
assembled,  in  a  full  and  free  representation  of  these  colonies, 
taking  into  their  most  serious  consideration  the  best  means  of 
attaining  the  ends  aforesaid,  do,  in  the  first  place,  as  Englishmen 
their  ancestors  in  like  cases  have  usually  done,  for  asserting  and 
vindicating  their  rights  and  Hberties,  DECLARE, 

That  the  inhabitants  of  the  English  colonies  in  North  America, 
by  the  immutable  laws  of  nature,  the  principles  of  the  English 
constitution,  and  the  several  charters  or  compacts,  have  the  fol- 
lowing RIGHTS. 

Resolved,  N.  C.  D  *  1.  That  they  are  entitled  to  life,  liberty, 
and  property ;  and  they  have  never  ceded  to  any  sovereign  power 
whatever,  a  right  to  dispose  of  either,  without  their  consentr 

Resolved,  N.  C.  D.  2.  That  our  ancestors,  who  first  settled 
these  colonies,  were,  at  the  time  of  their  emigration  from  the 
mother  country,  entitled  to  all  the  rights,  liberties,  and  immuni- 
ties of  free  and  natural-born  subjects,  within  the  realm  of  England. 

Resolved,  N.  C.  D.  3.  That,  by  such  emigration,  they  by  no 
means  forfeited,  surrendered,  or  lost,  any  of  those  rights,  but  that 
they  were,  and  their  descendants  now  are,  entitled  to  the  exercise 
and  enjoyment  of  all  such  of  them,  as  their  local  and  other  cir- 
cumstances enable  them  to  exercise  and  enjoy. 

Resolved,  4.  That  the  foundation  of  English  liberty,  and  of  all 
free  government,  is,  a  right  in  the  people  to  participate  in  their 
legislative  council;  and  as  the  English  colonists  are  not  repre- 
sented, and,  from  their  local  and  other  circumstances,  cannot 
properly  be  represented,  in  the  British  parliament,  they  are  en- 

*Nemine  contradicente,  no  persoa  opposing,  or  disagreeing. 


APPENDIX.  251 

titled  to  a  free  and  exclusive  power  of  legislation  in  their  several 
provincial  legislatures,  where  their  right  of  representation  can 
alone  be  preserved,  in  all  cases  of  taxation  and  internal  polity, 
subject  only  to  the  negative  of  their  sovereign,  in  such  manner  as 
has  been  heretofore  used  and  accustomed  ;  but,  from  the  necessity 
of  the  case,  and  a  regard  to  the  mutual  interests  of  both  countries, 
we  cheerfully  consent  to  the  operation  of  such  acts  of  the  British 
parliament,  as  are,  bona  fide,  restrained  to  the  regulation  of  our 
external  commerce,  for  the  purpose  of  securing  the  commercial 
advantages  of  the  whole  empire  to  the  mother  country,  and  the 
commercial  benefits  of  its  respective  members ;  excluding  every 
idea  of  taxation,  internal  or  external,  for  raising  a  revenue  on  the 
subjects  in  America,  without  their  consent. 

Resolved,  N.  C,  D.  5.  That  the  respective  colonies  are  entitled 
to  the  common  law  of  England,  and  more  especially  to  the  great 
and  inestimable  privilege  of  being  tried  by  their  peers  of  the 
vicinage,  according  to  the  course  of  that  law. 

Resolved,  6.  That  they  are  entitled  to  the  benefit  of  such  of  the 
English  statutes,  as  existed  at  the  time  of  their  colonization  ;  and 
which  they  have,  by  experience,  respectively  found  to  be  appA- 
cable  to  their  several  local  and  other  circumstances. 

Resolved,  N.  C.  D.  7.  That  these,  his  majesty's  colonies,  are 
likewise  entitled  to  all  the  immunities  and  privileges,  granted 
and  confirmed  to  them  by  royal  charters,  or  secured  by  their 
several  codes  of  provincial  laws. 

Resolved,  N.  C.  D.  8.  That  they  have  a  right  peaceably  to 
assemble,  consider  of  their  grievances,  and  petition  the  king ;  and 
that  all  prosecutions,  prohibitory  proclamations,  and  commit- 
ments for  the  same,  are  illegal. 

Resolved,  N.  C.  I).  9.  That  the  keeping  a  standing  army  in 
these  colonies,  in  times  of  peace,  without  the  consent  of  the  legis- 
lature of  that  colony  in  which  such  army  is  kept,  is  against  law. 

Resolved,  N.  C.  D.  10.  It  is  indispensably  necessary  to  good 
government,  and  rendered  essential  by  the  English  constitution, 
that  the  constituent  branches  of  the  legislature  be  independent  of 
each  other ;  that,  therefore,  the  exercise  of  legislative  power,  in 
several  colonies,  by  a  council  appointed,  during  pleasure,  by  the 
crown,  is  unconstitutional,  dangerous,  and  destructive  to  the 
freedom  of  American  legislation. 

All  and  each  of  which,  the  aforesaid  deputies,  in  behalf  of 
themselves,  and  their  constituents,  do  claim,  demand,  and  insist 
on,  as  their  indubitable  rights  and  liberties ;  which  cannot  be 
legally  taken  from  them,  altered,  or  abridged,  by  any  power 
whatever,  without  their  own  consent,  by  their  representatives  in 
their  several  provincial  legislatures. 


DECLARATION   OF   INDEPENDENCE. 

A  Declaration  by  the  representatives  of  the  United  States  of 
America,  in  congress  assembled. 

When,  in  the  course  of  human  events,  it  becomes  necessary  for 
one  people  to  dissolve  the  political  bands  which  have  connected 
them  with  another,  and  to  assume,  among  the  powers  of  the 
earth,  the  separate  and  equal  station  to  which  the  laws  of  nature, 
and  of  nature's  God,  entitle  them,  a  decent  respect  to  the  opinions 
of  mankind  requires,  that  they  should  declare  the  causes  which 
impel  them  to  the  separation. 

"We  hold  these  truths  to  be  self-evident :  that  all  men  are  crea- 
ted equal ;  that  they  are  endowed,  by  their  Creator,  with  certain 
unalienable  rights ;  that  among  these,  are  life,  liberty,  and  the 
pursuit  of  happiness.  That,  to  secure  these  rights,  governments 
are  instituted  among  men,  deriving  their  just  powers  from  the 
consent  of  the  governed ;  that,  whenever  any  form  of  government 
becomes  destructive  of  these  ends,  it  is  the  right  of  the  people  to 
alter  or  to  abolish  it,  and  to  institute  new  government,  laying  its 
foundation  on  such  principles,  and  organizing  its  powers  in  such 
form,  as  to  them  shall  seem  most  likely  to  effect  their  safety  and 
happiness.  Prudence,  indeed,  will  dictate,  that  governments, 
long  established,  should  not  be  changed  for  light  and  transient 
causes  ;  and  accordingly,  all  experience  hath  shown,  that  mankind 
are  more  disposed  to  suffer,  while  evils  are  sufferable,  than  to 
right  themselves,  by  abolishing  the  forms  to  which  they  are  ac- 
customed. But,  when  a  long  train  of  abuses  and  usurpations, 
pursuing  invariably  the  same  object,  evinces  a  design  to  reduc« 
them  under  absolute  despotism,  it  is  their  right,  it  is  their  duty, 
to  throw  off  such  government,  and  to  provide  new  guards  for 
their  future  security.  Such  has  been  the  patient  sufferance  of 
these  colonies ;  and  such  is  now  the  necessity  which  constrains 
them  to  alter  their  former  systems  of  government.  The  history 
of  the  present  king  of  Great  Britain  is  a  history  of  repeated  inju 
ries  and  usurpations,  all  having,  in  direct  object,  the  establishment 
of  an  absolute  tyranny  over  these  states.  To  prove  this,  let  facta 
be  submitted  to  a  candid  world. 

He  has  refused  his  assent  to  laws  the  most  wholesome  and 
necessary  for  the  public  good. 

He  has  forbidden  his  governors  to  pass  laws  of  immediate  and 
pressing  importance,  unless  suspended  in  their  operation  till  his 
assent  should  be  obtained ;  and,  when  so  suspended,  he  has  ut- 
terly neglected  to  attend  to  them. 

Ha  has  refused  to  pass  other  laws  for  the  accommodation  of 


APPENDIX.  253 

large  districts  of  people,  unless  those  people  would  relinquish  the 
right  of  representation  in  the  legislature  :  a  right  inestimable  to 
them,  and  formidable  to  tyrants  only. 

He  has  called  together  legislative  bodies  at  places  unusual, 
uncomfortable,  and  distant  from  the  depository  of  their  public 
records,  for  the  sole  purpose  of  fatiguing  them  into  compliance 
with  his  measures. 

He  has  dissolved  representative  houses,  repeatedly,  for  opposing, 
with  manly  firmness,  his  invasions  on  the  rights  of  the  people. 

He  has  refused,  for  a  long  time,  after  such  dissolutions,  to 
cause  others  to  be  elected ;  whereby  the  legislative  powers,  inca- 
pable of  annihilation,  have  returned  to  the  people  at  large  for 
their  exercise;  the  state  remaining,  in  the  mean  time,  exposed  to 
all  the  dangers  of  invasion  from  without,  and  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of  these  states ; 
for  that  purpose,  obstructing  the  laws  for  naturalization  of  for- 
eigners; refusing  to  pass  others  to  encourage  their  migrations 
hither,  and  raising  the  conditions  of  new  appropriations  of  lands. 

He  has  obstructed  the  administration  of  justice,  by  refusing 
his  assent  to  laws  for  establishing  judiciary  powers. 

He  has  made  judges  dependent  on  his  will  alone,  for  the  tenure 
of  their  offices,  and  the  amount  and  payment  of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent  hither 
swarms  of  officers  to  harass  our  people,  and  eat  out  their  sub- 
stance. 

He  has  kept  among  us,  in  time  of  peace,  standing  armies, 
without  the  consent  of  our  legislatures. 

He  has  affected  to  render  the  military  independent  of,  and  su- 
perior to,  the  civil  power. 

He  has  combined,  with  others,  to  subject  us  to  a  jurisdictioa 
foreign  to  our  constitution,  and  unacknowledged  by  our  laws ; 
giving  his  assent  to  their  acts  of  pretended  legislation  : 

For  quartering  large  bodies  of  armed  troops  among  us  : 

For  protecting  them,  by  a  mock-trial,  from  punishment  for 
any  murders  which  they  should  commit  on  the  inhabitants  of 
these  states : 

For  cutting  off  our  trade  with  all  parts  of  the  world : 

For  imposing  taxes  on  us,  without  our  consent : 

For  depriving  us,  in  many  cases,  of  the  benefits  of  trial  by  jury : 

For  transporting  us  beyond  seas,  to  be  tried  for  pretended  of- 
fences : 

For  abolishing  the  free  system  of  English  laws  in  a  neighboring 
province,  establishing  therein  an  arbitrary  government,  and  en- 
larging its  boundaries,  so  as  to  render  it,  at  once,  an  example  and 
fit  instrument  for  introducing  the  same  absolute  rule  into  these 
colonies : 

22 


254  APPENDIX. 

For  taking  away  our  charters,  abolishing  our  most  valuable 
lawSj  and  altering,  fundamentally,  the  forms  of  our  governments: 

For  suspending  our  own  legislatures,  and  declaring  themselves 
invested  with  power  to  legislate  for  us,  in  all  cases  whatsoever. 

He  has  abdicated  government  here,  by  declaring  us  out  of  his 
protection,  and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coasts,  burnt  our  towns, 
and  destroyed  the  lives  of  our  people. 

He  is,  at  this  time,  transporting  large  armies  of  foreign  mer- 
cenaries, to  complete  the  works  of  death,  desolation,  and  tyranny, 
already  begun  with  circumstances  of  cruelty  and  perfidy,  scarcely 
paralleled  in  the  most  barbarous  ages,  and  totally  unworthy  the 
head  of  a  civilized  nation. 

He  has  constrained  our  fellow-citizens,  taken  captiv6  on  the 
high  seas,  to  bear  arms  against  their  country,  to  become  the  exe- 
cutioners of  their  friends  and  brethren,  or  to  fall  themselves  by 
their  hands. 

He  has  excited  domestic  insurrections  amongst  us,  and  has  en- 
deavored to  bring  on  the  inhabitants  of  our  frontiers,  the  merci- 
less Indian  savages,  whose  known  rule  of  warfare  is  an  undis- 
tinguished destruction  of  all  ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions,  we  have  petitioned  for  re- 
dress, in  the  most  humble  terms :  Our  repeated  petitions  have 
been  answered  only  by  repeated  injury.  A  prince,  whose  char- 
acter is  thus  marked  by  every  act  which  may  define  a  tyrant,  is 
unfit  to  be  the  ruler  of  a  free  people. 

Nor  have  we  been  wanting  in  attentions  to  our  British  brethren. 
We  have  warned  them,  from  time  to  time,  of  attempts,  by  their 
legislature,  to  extend  an  unwarrantable  jurisdiction  over  us.  We 
have  reminded  them  of  the  circumstances  of  our  emigration  and 
settlement  here.  We  have  appealed  to  their  native  justice  and 
magnanimity,  and  we  have  conjured  them,  by  the  ties  of  our 
common  kindred,  to  disavow  these  usurpations,  which  would 
inevitably  interrupt  our  connexions  and  correspondence.  They 
too,  have  been  deaf  to  the  voice  of  justice  and  of  consanguinity 
We  must,  therefore,  acquiesce  in  the  necessity  which  denounces 
our  separation,  and  hold  them,  as  we  hold  the  rest  of  mankind, 
enemies  in  war,  in  peace,  friends. 

We,  therefore,  the  representatives  of  the  United  States  of 
America,  in  Genebal  Congeess  assembled,  appealing  to  the  Su 
preme  Judge  of  the  world,  for  the  rectitude  of  our  intentions,  do, 
m  the  name,  and  by  authority,  of  the  good  people  of  these  colonies, 
solemnly  publish  and  declare.  That  these  united  colonies  are, 
and  of  right  ought  to  be.  Free  and  Independent  States  j  that 
they  are  absolved  from  all  allegiance  to  the  British  crown,  and 
that  all  political  connexion  between  them  and  the  state  of  Great 


APPENDIX.  255 

% 

Britain  is,  and  ought  to  be,  totally  dissolved ;  and  that,  as  Free 
AND  Independent  States,  they  have  full  power  to  levy  war,  con- 
clude peace,  contract  alliances,  establish  commerce,  and  to  do  all 
other  acts  and  things,  which  Independent  States  may  of  right 
do.  And,  for  the  support  of  this  declaration,  with  a  firm  reliance 
on  the  protection  of  Divine  Providence,  we  mutually  pledge  to 
each  other,  our  lives,  our  fortunes,  and  our  sacred  honor. 


ARTICLES   OF   CONFEDERATION 

And  perpetual  union,  between  the  states  of  New  Hampshire, 
Massachusetts  Bay,  Rhode  Island  and  Providence  Plantations, 
Connecticut,  New  York,  New  Jersey,  Pennsylvania,  Delaware, 
Maryland,  Virginia,  North  Carolina,  South  Carolina,  and  Georgia. 

ARTICLE  I. 

The  style  of  this  confederacy  shall  be,  "  The  United  States  of 

America." 

ARTICLE  II. 

Each  state  retains  its  sovereignty,  freedom,  and  independence, 
and  every  power,  jurisdiction,  and  right,  which  is  not  by  this 
confederation,  expressly  delegated  to  the  United  States  in  con- 
gress assembled. 

ARTICLE  III. 

The  said  states  hereby  severally  enter  into  a  firm  league  of 
friendship  with  each  other,  for  their  common  defence,  the  security 
of  their  liberties,  and  their  mutual  and  general  welfare ;  binding 
themselves  to  assist  each  other  against  all  force  offered  to,  or 
attacks  made  upon  them,  or  any  of  them,  on  account  of  religion, 
sovereignty,  trade,  or  any  other  pretence  whatever.  , 

ARTICLE  IV. 

The  better  to  secure  and  perpetuate  mutual  friendship  and 
intercourse  among  the  people  of  the  different  states  in  this  Union, 
the  free  inhabitants  of  each  of  these  states,  paupers,  vagabonds, 
and  fugitives  from  justice  excepted,  shall  be  entitled  to  all  privi- 
leges and  immunities  of  free  citizens,  in  the  several  states ;  and 
the  people  of  each  state  shall  have  free  ingress  and  regress  to  and 


256  APPENDIX. 

from  any  other  state ;  and  shall  enjoy  therein  all  the  privileges 
of  trade  and  commerce,  subject  to  the  same  duties,  impositions, 
and  restrictions,  as  the  inhabitants  thereof  respectively;  pro- 
vided, that  such  restriction  shall  not  extend  so  far  as  to  prevent 
the  removal  of  property  imported  into  any  state,  to  any  other 
state  of  which  the  owner  is  an  inhabitant ;  provided  also,  that  no 
imposition,  duties,  or  restriction,  shall  be  laid  by  any  state,  on 
the  property  of  the  United  States,  or  either  of  them. 

If  any  person  guilty  of,  or  charged  with,  treason,  felony,  or 
other  high  misdemeanor,  in  any  state,  shall  flee  from  justice,  and 
be  found  in  any  of  the  United  States,  he  shall,  upon  demand  of 
the  governor  or  executive  power  of  the  state  from  which  he  fled, 
be  delivered  up,  and  removed  to  the  state  having  jurisdiction  of 
his  offence. 

Full  faith  and  credit  shall  be  given  in  each  of  these  states  to 
the  records,  acts,  and  judicial  proceedings,  of  the  courts  and  mag- 
istrates of  every  other  state. 


ARTICLE  V. 

For  the  more  convenient  management  of  the  general  interests 
of  the  United  States,  delegates  shall  be  annually  appointed  in 
such  manner  as  the  legislature  of  each  state  shall  direct,  to  meet 
in  congress  on  the  first  Monday  in  November,  in  every  year,  with 
a  power  reserved  to  each  state  to  recall  its  delegates,  or  any  of 
them,  at  any  time  within  the  year,  and  send  others  in  their  stead, 
for  the  remainder  of  the  year. 

No  state  shall  be  represented  in  Congress  by  less  than  two,  nor 
by  more  than  seven,  members ;  and  no  person  shall  be  capable 
of  being  a  delegate  for  more  than  three  years  in  any  term  of  six 
years  :  nor  shall  any  person,  being  a  delegate,  be  capable  of  hold 
ing  any  office  under  the  United  States,  for  which  he,  or  another 
for  his  benefit,  receives  any  salary,  fees,  or  emolument  of  any 
kind. 

Each  state  shall  maintain  its  own  delegates  in  a  meeting  of  the 
states,  and  while  they  act  as  members  of  the  committee  of  the 
states. 

In  determining  questions  in  the  United  States  in  congress  as- 
sembled, each  state  shall  have  one  vote. 

Freedom  of  speech  and  debate  in  congress  shall  not  be  im- 
peached or  questioned,  m  any  court  or  place  out  of  congress ;  and 
the  members  of  congress  shall  be  protected  in  their  persons  from 
arrests  and  imprisonment,  during  the  time  of  their  going  to,  and 
from,  and  attendance  on,  congress,  except  for  treason,  felony,  or 
breach  of  the  peace. 


APPENDIX.  257 


ARTICLE  VI. 


No  state,  without  the  consent  of  the  United  States  in  congress 
assembled,  shall  send  any  embassy  to,  or  receive  any  embassy 
from,  or  enter  into  any  conference,  agreement,  alliance,  or  treaty, 
with  any  king,  prince,  or  state ;  nor  shall  any  person,  holding 
any  office  of  profit,  or  trust,  under  the  United  States,  or  any  of 
them,  accept  of  any  present,  emolument,  office,  or  title,  of  any 
kind  whatever,  from  any  king,  prince,  or  foreign  state  ;  nor  shall 
the  United  States  in  congress  assembled,  or  any  of  them,  grant 
any  title  of  nobility. 

No  two  or  more  states  shall  enter  into  any  treaty,  confederation, 
or  alliance  whatever,  between  them,  without  the  consent  of  the 
United  States  in  congress  assembled,  specifying  accurately  the 
purposes  for  which  the  same  is  to  be  entered  into,  and  how  long 
it  shall  continue. 

No  state  shall  lay  any  imposts  or  duties,  which  may  interfere 
with  any  stipulations  in  treaties  entered  into,  by  the  United  States 
in  congress  assembled,  with  any  king,  prince,  or  state,  in  pursa 
ance  of  any  treaties,  already  proposed  by  congress  to  the  courts 
of  France  and  Spain. 

No  vessfels  of  war  shall  be  kept  up,  in  time  of  peace,  by  any 
state,  except  such  number  only,  as  shall  be  deemed  necessary,  by 
the  United  States  in  congress  assembled,  for  the  defence  of  such 
state,  or  its  trade ;  nor  shall  any  body  of  forces  be  kept  up  by  any 
state,  in  time  of  peace,  except  such  number  only,  as  in  the  judg- 
ment of  the  United  States  in  congress  assembled,  shall  be  deemed 
requisite  to  garrison  the  forts  necessary  for  the  defence  of  such 
state  :  but  every  state  shall  always  keep  up  a  well-regulated  and 
disciplined  militia,  sufficiently  armed  and  accoutred ;  and  shall 
provide  and  constantly  have  ready  for  use,  in  public  stores,  a  due 
number  of  field-pieces  and  tents,  and  a  proper  quantity  of  arms, 
ammunition,  and  camp  equipage. 

No  state  shall  engage  in  any  war,  without  the  consent  of  the 
United  States  in  congress  assembled,  unless  such  state  be  actually 
invaded  by  enemies,  or  shall  have  received  certain  advice  of  a 
resolution  being  formed  by  some  nation  of  Indians  to  invade  such 
state,  and  the  danger  is  so  imminent  as  not  to  admit  of  a  delay 
till  the  United  States  in  congress  assembled  can  be  consulted; 
nor  shall  any  state  grant  commissions  to  any  ship  or  vessels  of 
war,  nor  letters  of  marque  or  reprisal,  except  it  be  after  a  decla- 
ration of  war  by  the  United  States  in  congress  assembled ;  and 
then  only  against  the  kingdom  or  state,  and  the  subjects  thereof, 
against  which  war  has  been  so  declared,  and  under  such  regula- 
tions as  shall  be  established  by  the  United  States  in  congress  as- 
sembled }  unless  such  state  be  infested  by  pirates,  in  which  ves- 
22=^     -  17 


258  APPENDIX. 

sels  of  war  may  be  fitted  out  for  that  occasion,  and  kept  so  long 
as  the  danger  shall  continue,  or  until  the  United  States  in  con- 
gress assembled  shall  determine  otherwise. 

ARTICLE  VII. 

When  land  forces  are  raised  by  any  state  for  the  common  de- 
fence, all  officers  of,  or  under,  the  rank  of  colonel,  shall  be  ap- 
pointed by  the  legislature  of  each  state  respectively,  by  whom 
such  forces  shall  be  raised,  or  in  such  manner  as  such  state  shall 
direct ;  and  all  vacancies  shall  be  filled  up  by  the  state  which 
first  made  the  appointment. 

ARTICLE  VIII 

All  charges  of  war,  and  all  other  expenses  that  shall  be  in- 
curred for  the  common  defence,  or  general  welfare,  and  allowed 
by  the  United  States  in  congress  assembled,  shall  be  defrayed  out 
of  a  common  treasury,  which  shall  be  supplied  by  the  several 
states  in  proportion  to  the  value  of  all  land  within  each  state, 
granted  to,  or  surveyed  for,  any  person,  as  such  land  and  the 
buildings  and  improvements  thereon  shall  be  estimated,  according 
to  such  mode  as  the  United  States  in.  congress  assembled  shall, 
from  time  to  time,  direct  and  appoint.  The  taxes  for  paying 
that  proportion,  shall  be  laid  and  levied  by  the  authority  and 
direction  of  the  legislatures  of  the  several  states,  within  the  time 
agreed  upon  by  the  United  States  in  congress  assembled. 

ARTICLE  IX. 

The  United  States  in  congress  assembled,  shall  have  the  soiC 
and  exclusive  right  and  power  of  determining  on  peace  and  war, 
except  in  the  cases  mentioned  in  the  sixth  article:  of  sending 
and  receiving  ambassadors  :  entering  into  treaties  and  alliances  ; 
provided  that  no  treaty  of  commerce  shall  be  made,  whereby  the 
legislative  power  of  the  respective  states  shall  be  restrained  from 
imposing  such  imposts  and  duties  on  foreigners  as  their  own  peo- 
ple are  subjected  to,  or  from  prohibiting  the  exportation  or  impor 
tation  of  any  species  of  goods  or  commodities  whatever :  of  es- 
tablishing rules  for  deciding,  in  all  cases,  what  captures  on  land 
or  water  shall  be  legal ;  and  in  what  manner  prizes,  taken  by 
land  or  naval  forces,  in  the  service  of  the  United  States,  shall  be 
divided  or  appropriated :  of  granting  letters  of  marque  and  re- 
prisal, in  times  of  peace  :  appointing  courts  for  the  trial  of  pira- 
cies and  felonies  committed  on  the  high  seas ;  and  establishing 
courts  for  receiving  and  determining,  finally,  appeals  in  all  cases 
of  captures ;  provided,  that  no  member  of  congress  shall  be  ap- 
pointed a  judge  of  any  of  the  said  courts. 


APPENDIX.  259 

The  TTnited  States  in  congress  assembled  shall  also  be  the  last 
resort,  on  appeal,  in  all  disputes  and  differences  now  subsisting, 
or  that  hereafter  may  arise,  between  two  or  more  states,  concern- 
ing boundary,  jurisdiction,  or  any  other  cause  whatever ;  which 
authority  shall  always  be  exercised  in  the  manner  following: 
whenever  the  legislative  or  executive  authority,  or  lawful  agent, 
of  any  state,  in  controversy  with  another,  shall  present  a  petition 
to  congress,  stating  the  matter  in  question,  and  praying  for  a 
hearing,  notice  thereof  shall  be  given,  by  order  of  congress,  to 
the  legislative  or  executive  authority  of  the  other  state  in  contro- 
versy ;  and  a  day  assigned  for  the  appearance  of  the  parties  by 
their  lawful  agents,  who  shall  then  be  directed  to  appoint,  by  joint 
consent,  commissioners  or  judges,  to  constitute  a  court  for  hear- 
ing and  determining  the  matter  in  question :  but  if  they  cannot 
agree,  congress  shall  name  three  persons,  out  of  each  of  the  Uni- 
ted States ;  and  from  the  list  of  such  persons,  each  party  shall 
alternately  strike  out  one,  the  petitioners  beginning,  until  the 
number  shall  be  reduced  to  thirteen  ;  and  from  that  number,  not 
less  than  seven,  nor  more  than  nine,  names,  as  congress  shall 
direct,  shall,  in  the  presence  of  congress,  be  drawn  out,  by  lot ; 
and  the  persons  whose  names  shall  be  so  drawn,  or  any  five  of 
them,  shall  be  commissioners  or  judges,  to  hear  and  finally  de- 
termine the  controversy,  so  always  as  a  major  part  of  the  judges, 
who  shall  hear  the  cause,  shall  agree  in  the  determination.  And 
if  either  party  shall  neglect  to  attend  at  the  day  appointed,  with- 
out showing  reasons  which  congress  shall  judge  sufficient,  or 
being  present  shall  refuse  to  strike,  the  congress  shall  proceed  to 
nominate  three  persons  out  of  each  state  ;  and  the  secretary  of 
congress  shall  strike  in  behalf  of  such  party  absent  or  refusing ; 
and  the  judgment  and  sentence  of  the  court,  to  be  appointed  in 
the  manner  before  prescribed,  shall  be  final  and  conclusive.  And 
if  any  of  the  parties  shall  refuse  to  submit  to  the  authority  of 
such  court,  or  to  appear,  or  defend  their  claim  or  cause,  the  court 
shall,  nevertheless,  proceed  to  pronounce  sentence  or  judgment, 
which  shall  in  like  manner  be  final  and  decisive  ;  the  judgment, 
or  sentence,  and  other  proceedings,  being,  in  either  case,  trans- 
mitted to  congress,  and  lodged  among  the  acts  of  congress,  for 
the  security  of  the  parties  concerned :  provided,  that  every  com- 
missioner, before  he  sits  in  judgment,  shall  take  an  oath,  to  be 
administered  by  one  of  the  judges  of  the  supreme  or  superior  court 
of  the  state,  where  the  cause  shall  be  tried,  '  well  and  truly  to 
hear  and  determine  the  matter  in  question,  according  to  the  best 
of  his  judgment,  without  favor,  affection,  or  hope  of  reward :' 
provided,  also,  that  no  state  shall  be  deprived  of  territory  for  the 
benefit  of  the  United  States. 

All  controversies  concerning  the  private  right  of  soil  claimed 


.  % 


260  APPENDIX. 

under  different  grants  of  two  or  more  states,  whose  jurisdictwtts 
as  they  may  respect  such  lands  and  the  states  which  passed  such 
grants,  are  adjusted,  the  said  grants,  or  either  of  them,  being  at 
the  same  time  claimed  to  have  originated  antecedent  to  such 
settlement  of  jurisdiction,  shall,  on  the  petition  of  either  party  to 
the  congress  of  the  United  States,  be  finally  determined,  as  near 
as  may  be,  in  the  same  manner  as  is  before  prescribed  for  de- 
ciding disputes  respecting  territorial  jurisdiction  between  different 
states. 

The  United  States  in  congress  assembled  shall  also  have  the 
sole  and  exclusive  right  and  power  of  regulating  the  alloy  and 
value  of  coin  struck  by  their  own  authority,  or  by  that  of  the 
respective  states :  fixing  the  standard  of  weights  and  measures 
throughout  the  United  States :  regulating  the  trade  and  managing 
all  affairs  with  the  Indians,  not  members  of  any  of  the  states ; 
provided  that  the  legislative  right  of  any  state  within  its  own 
limits  be  not  infringed  or  violated :  establishing  and  regulating 
post-offices  from  one  state  to  another,  throughout  all  the  United 
States,  and  exacting  such  postage  on  the  papers  passing  through 
the  same  as  may  be  requisite  to  defray  the  expenses  of  the  said 
office  :  appointing  all  officers  of  the  land  forces  in  the  service  of 
the  United  States,  excepting  regimental  officers :  appointing  all 
ihe  officers  of  the  naval  forces,  and  commissioning  all  officers 
whatever  in  the  service  of  the  United  States  :  making  rules  for 
the  government  and  regulation  of  the  land  and  naval  forces,  and 
directing  their  operations. 

The  United  States  in  congress  assembled  shall  have  authority 
to  appoint  a  committee,  to  sit  in  the  recess  of  congress,  to  be 
denominated  a  committee  of  the  states,  and  to  consist  of  one 
delegate  from  each  state ;  and  to  appoint  such  other  committees 
and  civil  officers  as  may  be  necessary  for  managing  the  general 
affairs  of  the  United  States  under  their  direction :  to  appoint  one 
of  their  number  to  preside  ;  provided,  that  no  person  be  allowed 
to  serve  in  the  office  of  president  more  than  one  year  in  any  term 
of  three  years.  To  ascertain  the  necessary  sums  of  money  to  be 
raised  for  the  service  of  the  United  States,  and  to  appropriate  and 
apply  the  same  for  defraying  the  public  expenses :  to  borrow 
money,  or  emit  bills  on  the  credit  of  the  United  States,  transmit- 
ting every  half  year  to  the  respective  states  an  account  of  the 
sums  of  money  so  borrowed  or  emitted :  to  build  and  equip  a 
navy :  to  agree  upon  the  number  of  land  forces,  and  to  make 
requisitions  from  each  state  for  its  quota,  in  proportion  to  the 
number  of  white  inhabitants  in  such  state,  which  requisition  shall 
be  binding;  and  thereupon  the  legislature  of  each  state  shall  ap- 
point the  regimental  officers,  raise  the  men,  and  clothe,  arm,  and 
equip  them,  in  a  soldierlike  manner,  at  the  expense  of  the  United 


APPENDIX.  261 

States  ;  and  the  officers  and  men  so  clothed,  armed,  and  equipped, 
shall  march  to  the  place  appointed,  and  within  the  time  agreed  on, 
by  the  United  States  in  congress  assembled ;  but  if  the  United 
States  in  congress  assembled  shall,  on  consideration  of  circum- 
stances, judge  proper  that  any  state  should  not  raise  men,  or 
should  raise  a  smaller  number  than  its  quota,  and  that  any  other 
state  should  raise  a  greater  number  of  men  than  its  quota  thereof, 
such  extra  number  shall  be  raised,  officered,  clothed,  armed,  and 
equipped,  in  the  same  manner  as  the  quota  of  such  state ;  unless 
the  legislature  of  such  state  shall  judge  that  such  extra  number 
cannot  be  safely  spared  out  of  the  same  5  in  which  case  they  shall 
raise,  officer,  clothe,  arm,  and  equip,  as  many  of  such  extra  num 
ber  as  they  judge  can  be  safely  spared  :  and  the  officers  and  men 
so  clothed,  armed,  and  equipped,  shall  march  to  the  place  ap- 
pointed, and  within  the  time  agreed  on,  by  the  United  States  in 
congress  assembled. 

The  United  States  in  congress  assembled  shall  never  engage  in 
a  war ;  nor  grant  letters  of  marque  and  reprisal  in  time  of  peace ; 
nor  enter  into  any  treaties  or  alliances ;  nor  coin  money ;  nor 
regulate  the  value  thereof;  nor  ascertain  the  sums  and  expenses 
necessary  for  the  defence  and  welfare  of  the  United  States,  or 
any  of  them ;  nor  emit  bills  ;  nor  borrow  money  on  the  credit  of 
the  United  States  ;  nor  appropriate  money ;  nor  agree  upon  the 
number  of  vessels  of  war  to  be  built  or  purchased,  or  the  number 
of  land  or  sea  forces  to  be  raised ;  nor  appoint  a  commander-in- 
chief  of  the  army  or  navy ;  unless  nine  states  assent  to  the  same  ; 
nor  shall  a  question  on  any  other  point,  except  for  adjourning 
from  day  to  day,  be  determined,  unless  by  the  votes  of  a  majority 
of  the  United  States  in  congress  assembled. 

The  congress  of  the  United  States  shall  have  power  to  adjourn 
to  any  time  within  the  year,  and  to  any  place  within  the  United 
States,  so  that  no  period  of  adjournment  be  for  a  longer  duration 
than  the  space  of  six  months  ;  and  shall  publish  the  journal  of 
their  proceedings  monthly,  except  such  parts  thereof  relating  to 
treaties,  alliances,  or  military  operations,  as  in  their  judgment 
require  secrecy  ;  and  the  yeas  and  nays  of  the  delegates  of  each 
state,  on  any  question,  shall  be  entered  on  the  journal,  when  it 
is  desired  by  any  delegate  ;  and  the  delegates  of  a  state,  or  any 
of  them,  at  his  or  their  request,  shall  be  furnished  with  a  tran- 
script of  the  said  journal,  except  such  parts  as  are  above  excepted, 
to  lay  before  the  legislatures  of  the  several  states. 

ARTICLE  X. 

The  committee  of  the  states,  or  any  nine  of  them,  shall  be  au- 
thorized to  execute,  in  the  recess  of  congress,  such  of  the  powers 


262  APPENDIX. 

of  congress  as  the  United  States  in  congress  assembled,  by  the 
consent  of  nine  states,  shall,  from  time  to  time,  think  expedient 
to  vest  them  with  j  provided,  that  no  power  be  delegated  to  the 
said  committee,  for  the  exercise  of  which,  by  the  articles  of  con- 
federation, the  voice  of  nine  states  in  the  congress  of  the  United 
States  assembled  is  requisite. 

ARTICLE  XL 

Canada,  acceding  to  this  confederation,  and  joining  in  the 
measures  of  the  United  States,  shall  be  admitted  into,  and  entitled 
to  all  the  advantages  of  this  Union.  But  no  other  colony  shall  be 
admitted  into  the  same,  unless  such  admission  be  agreed  to  by 
nine  states. 

ARTICLE  XII. 

All  bills  of  credit  emitted,  moneys  borrowed,  and  debts  con- 
tracted, by  or  under  the  authority  of  congress,  before  the  assem- 
bling of  the  United  States,  in  pursuance  of  the  present  confedera- 
tion, shall  be  deemed  and  considered  as  a  charge  against  the 
United  States,  for  payment  and  satisfaction  whereof,  the  said 
United  States,  and  the  public  faith,  are  hereby  solemnly  pledged. 

ARTICLE  XIII. 

Every  state  shall  abide  by  the  determinations  of  the  United 
States  in  congress  assembled,  on  all  questions  which,  by  this 
confederation,  are  submitted  to  them.  And  the  articles  of  this 
confederation  shall  be  inviolably  observed  by  every  state ;  and 
the  Union  shall  be  perpetual.  Nor  shall  any  alteration  at  any 
time  hereafter  be  made  in  any  of  them,  unless  such  alteration  be 
agreed  to,  in  a  congress  of  the  United  States,  and  be  afterwards 
confirmed  by  the  legislatures  of  every  state. 

And  whereas,  it  hath  pleased  the  great  Governor  of  the  world 
to  incline  the  hearts  of  the  legislatures  we  respectively  represent 
in  congress  to  approve  of,  and  to  authorize  us  to  ratify,  the  said 
articles  of  confederation  and  perpetual  union : 

Know  Ye,  That  we,  the  undersigned  delegates,  by  virtue  of 
the  power  and  authority  to  us  given  for  that  purpose,  do,  by  these 
presents,  in  the  name,  and  in  behalf,  of  our  respective  constituents, 
fully  and  entirely  ratify  and  confirm  each  and-  every  of  the  said 
articles  of  confederation  and  perpetual  union,  and  all  and  singular 
the  matters  and  things  therein  contained.  And  we  do  further 
solemnly  plight  and  engage  the  faith  of  our  respective  constitu- 
ents, that  they  shall  abide  by  the  determinations  of  the  United 
Slates  in  congress  assembled,  on  all  questions,  which,  by  the  said 


APPENDIX.  263 

confederation,  are  submitted  to  them ;  and  that  the  articles  there- 
of shall  be  inviolably  observed  by  the  states  we  respectively 
represent ;  and  that  the  union  shall  be  perpetual. 

In  witness  whereof,  we  have  hereunto  set  our  hands  in  con- 
gress. 

Done  at  Philadelphia,  in  the  state  of  Pennsylvania,  the  ninth  day 
of  July,  in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  seventy  eight,  and  in  the  third  year  of  the  Indeoendence 
of  America. 


ftUESTIONS  FOR  EXAMINING  THE  PUPIL. 

CHAP.  I. — Describe  the  picture.  Verse  1.  How  does  a  child 
acquire  his  first  idea  of  government  ?  "What  is  this  idea  ?  2.  How 
does  a  child  obtain  his  first  ideas  of  law  ?  3.  What  are  these  ideas? 
4.  What  of  ideas  of  government  and  law?  5.  What  of  obedience 
to  law  and  government?  6.  What  is  it  that  deepens  our  sense 
of  obligation  to  obey  laws  ?  8.  What  of  habits  ?  AVhat  of  the 
fireside?  9.  What  of  the  plan  of  divine  providence  ?  10.  What 
ought  parents  to  consider?    What  ought  children  to  consider  ? 

CHAP.  H.— Describe  the  picture.  1.  What  of  children?  2. 
What  is  it  that  forbids  a  child  to  get  fruit  from  a  neighbor's  gar- 
den ?     3.  Why  is  a  thief  taken  to  prison  ?    Why  are  pirates  hung? 

4.  What  of  the  law  ?     Who  made  the  law  ? 

CHAP,  ni.— Describe  the  picture.  1.  What  will  a  traveller 
over  the  world  remark?  What  of  the  Indians?  Why  are  they 
called  savages  ?  2.  What  always  belongs  to  the  condition  of  sav- 
ages? 3.  What  of  woman  in  the  savage  state?  What  of  the 
men?  4.  Lands  among  savages  ?  Property  among  us ?  Prop- 
erty among  savages?  5.  What  of  a  man's  house,  furniture,  mo- 
ney, 6cc.,  among  us?  What  of  our  Indians?  What  of  the  sav- 
ages of  New  Guinea  ?  6.  What  of  laws  among  savages  ?  Gov- 
ernment of  our  American  Indians? 

CHAP.  IV.— 1.  What  will  the  traveller  find  in  pursuing  his 
inquiries?  2.  What  of  government  among  such  nations?  What 
examples  of  such  government  can  you  mention  ?  3.  What  of  the 
chief?    4.  What  of  justice  and  public  opinion  in  such  countries? 

5.  Why  is  this  state  of  society  called  barbarous?  6.  What  is 
consistent  with  the  barbarous  state  ?  What  of  the  chief  in  barba- 
rous countries? 

CHAP.  V. — 1.  What  is  that  condition  which  we  call  civilized? 
What  does  civilization  imply?  2.  What  are  civilized  nations? 
When  are  nations  semi-barbarous  ?  3  What  of  the  Turks  ?  4 
Of  Egypt,  Persia,  &c.?  What  of  all  these  semi-barbarous  coun- 
tries? 5.  What  is  not  excluded  by  the  idea  of  civilization 
What  is  not  always  secured  by  civilization  ?  What  of  most  of 
the  governments  of  Europe  ?  What  tends  to  raise  nations  in  the 
scale  of  civilization  ?    6.  What  tends  to  sink  a  nation  in  the  scale 


QUESTIONS.  265 

of  civilization?  7.  In  fixing  the  scale  of  civilization,  what  are  we 
to  consider?     Hew  do  you  rank  nations  in  civilization? 

CHAP.  VI.— 1.  What  is  society?  What  of  the  family?  2. 
What  is  an  insurance  company?  3.  What  is  civil  society?  What 
is  the  state  ?  4.  What  of  the  obligations  of  civil  society  ?  •  What 
three  things  are  everywhere  observed  among  mankind  ?  5.  What 
is  the  distinction  between  a  solitary  and  a  social  being? 

CHAP.  VII.— 1.  What  of  some  countries  ?  2.  What  of  society 
as  it  advances  ?  3.  What  are  the  consequences  of  a  division  of 
property  ?    In  what  proportion  is  a  community  usually  happy  ? 

4,  In  what  proportion  is  a  country  usually  poor?    Why  is  this? 

5.  What  is  the  object  of  the  greater  part  of  the  laws  in  civilized 
governments  ?  6.  What  other  rights  does  the  right  of  property 
involve  ? 

CHAP.  VIII. — 1.  What  is  justice  ?  How  is  justice  often  per- 
sonified ?  2.  What  is  political  or  civil  justice?  3.  What  is  a 
part  of  man's  nature  ?  May  individuals  be  destitute  of  the  per- 
ception of  justice?  Is  there  any  nation  destitute  of  a  perception 
of  justice?  4.  May  the  sentiment  of  justice  be  weakened  ?  May 
it  be  strengthened?  5.  In  what  countries  only  is  justice  a  basis 
of  action? 

CHAP.  IX. — 1.  Why  should  we  inquire  what  the  rights  of  men 
are  ?  What  of  the  Scripture  rule  ?  2.  What  is  the  duty  of  law- 
makers? 3.  What  are  the  general  rights  of  man?  For  what 
only  may  the  natural  rights  of  man  be  abridged  or  taken  away  ? 
4.  What  of  liberty  ?  Value  of  liberty  ?  What  of  the  abridgment 
of  our  natural  liberty  ? 

CHAP.  X.— What  is  liberty?  In  its  widest  sense ?  What  is 
absolute  liberty?  What  does  this  allow?  2.  What  of  liberty 
without  law?  Of  a  savage?  Of  truth  and  justice?  Of  every 
human  being?  3.  What  of  absolute  liberty  practically?  4.  Into 
what,  therefore,  does  absolute  liberty  run?  When  can  it  only  ex 
ist?  5.  Natural  liberty?  To  what  is  it  often  applied  ?  6.  What 
restraints  upon  natural  liberty  exist  among  savages?  7.  What 
of  the  law  of  custom  ?  What  other  restraints  than  those  of  custom 
exist  upon  savage  communities  ?  If  the  weak  are  not  protected 
from  the  strong,  what  follows?  What  of  the  mass  of  society, 
where  natural  liberty  is  said  to  prevail  ?  What  is  a  state  of  nat- 
ural liberty  ?  8.  What  of  the  animal  tribes  ?  9.  What  of  virtue  ? 
How  is  the  virtuous  man  restrained  ?  10.  Why  is  civii  govern- 
ment founded?     11.  What  has  experience  taught  ? 

CHAP.  XL— 1.  What  is  civil  liberty?  Why  ddes  a  man  con- 
sent to  be  taxed  ?  What  of  a  man's  right  to  walk  or  ride  when  he 
pleases?  2.  In  what  does  a  man  consent  to  have  his  liberty 
abridged  in  civilized  countries  ?  3.  Why  does  a  man  give  up  some 
of  his  natural  rights?    4.  What  is  the  great  principle  on  which 

23 


266  QUESTIONS. 

civilized  society  rests  ?  "What  is  all  government  ?  TVnyisgov 
ernment  necessary  ?  What  does  government  do  ?  5.  Why  does 
a  man  with  10,000  dollars,  consent  to  be  taxed,  and  pay  away  50 
dollars  ?  6.  What  are  numerous  in  civilized  society  ?  Where  is 
the  greatest  amount  of  practical  liberty  enjoyed?  7.  What  of  New 
Holland?  8.  What  of  the  savage  and  his  bow?  10.  What  of 
the  savage  and  the  wigwam?  What  injustice  is  done  where 
property  is  held  in  common  ?  11.  What  shall  we  notice  to  follow 
m  proportion  as  the  laws  are  few  and  imperfect  ?  12.  Where  is 
there  the  least  liberty?    Where  is  there  the  most  liberty? 

CHAP.  Xn.— 2.  What  do  the  law-makers  seek  ?  What  is  the 
consequence?  3.  What  is  civil  liberty?  What  can  you  do  in 
Massachusetts  ?  4 .  What  if  you  were  among  the  western  In 
dians  ?  Where  would  you  enjoy  most  freedom,  in  Massachusetts, 
or  among  the  Indians?  5.  Why  would  you  enjoy  most  liberty  in 
Massachusetts  ?  How  does  the  law  requiring  license  to  sell  gun- 
powder, promote  liberty  ?  6.  What  of  dealers  in  wood,  fish, 'flour, 
&c.?  7.  What  of  every  law  tending  to  make  life,  property,  and 
character  more  secure  ?    What  does  this  show  ? 

CHAP.  XIII.— 1.  What  is  liberty?  Absolute  liberty ?  Natu- 
ral liberty  ?  Why  can  natural  and  absolute  liberty  only  exist  in 
theory  ?  2.  What  is  meant  by  a  community  of  property?  3.  What 
does  a  man  do  for  civilized  society  ?  Why  does  he  pay  a  tax  ? 
What  is  government  bound  to  do?  4.  What  is  every  law  ?  What 
of  the  law  against  murder?  Laws  against  stealing,  wounding, 
&c.?  On  what  are  these  laws  founded?  5.  What  of  the  laws 
which  compel  a  man  to  pay  taxes,  &c.?  Why  does  a  man  submit 
to  these  evils  ?  6.  What  of  a  community  where  the  laws  are 
fewest,  and  most  imperfectly  enforced  ?  What  of  life,  property, 
&c.,  in  such  a  community?  7.  What  of  society  where  the  laws 
are  most  complete,  and  best  enforced?  8.  What  is  civil  liberty? 
Why  can  a  person  reasonably  ask  no  other  than  civil  liberty  ? 

CHAP.  XIV.— 1.  What  have  some  persons  fancied?  What  of 
the  declaration  of  independence  ?  2.  What  is  impossible  ?  Why 
is  absolute  equality  impossible  ?  3.  Mention  other  grounds  of  ine- 
qjiality.  4.  What  inequalities  in  nature  can  you  mention?  What 
does  the  whole  system  of  nature  and  providence  shov/?  5.  What 
of  countries  where  the  greatest  freedom  prevails  ?  6.  What  of 
females?  7.  What  of  mankind?  In  what  sense  can  it  be  said 
that  men  are  created  equal?  8.  What  thing  is  plain?  AVhat 
does  political  etjuality  not  mean  ?    What  does  it  mean  ? 

CHAP.  XV.— 1 .  What  is  civil  government  ?  What  of  society 
without  government?  What  of  a  family?  What  would  be  the 
state  of  things  without  a  government?  What  has  never  suc- 
ceeded? Why  are  government  and  law  required?  2.  What  is 
matter  of  necessity  ?    What  may  all  government  be  considered  ? 


QUESTIONS.  267 

3.  "What  is  society  where  there  is  absolute  liberty  ?  "What  is  in 
dispensable  to  secure  order,  justice,  &c.?  4.  What  of  a  man  who 
expects  to  enjoy  liberty  without  paying  for  it  ?  5.  On  what  prin 
ciple  does  a  member  of  society  act,  in  giving  up  a  part  of  his  lib- 
erty to  secure  the  rest?  What  is  government?  To  what  has 
government  been,  compared  ?  6.  What  is  the  great  problem  of 
government  ?  What  of  every  act  of  legislation  ?  7.  What  of  the 
social  compact?  What  of  Russia?  8.  What  maybe  said  of 
submission  ?    What  of  government  founded  in  force  ? 

CHAP.  XVI. — 1.  What  three  things  does  government  embrace  ? 
2.  What  of  the  form  of  government  of  the  United  States  ?  Stat- 
utes? Administration?  3.  The  separate  states ?  Their  statutes ? 
Their  administration  ?  Laws  that  violate  a  constitution  ?  4. 
Government  in  Great  Britain ?  '  The  laws?  The  administration? 
What  of  France  ?  Many  of  the  systems  of  Europe  ?  5.  What  other 
division  belongs  to  the  government  of  most  civilized  countries? 

CHAP.  XVn. — 1.  How  is  legislative  power  usually  vested? 
What  is  a  legislature?  2.  What  of  the  two  branches  of  legisla- 
ture ?  What  of  a  law  introduced  into  either  house  ?  3.  What  is 
necessary  in  order  that  a  bill  should  pass  ?  When  it  has  passed 
one  house,  what  is  done  with  it  ?  What  happens  when  it  has 
passed  both  houses?  4.  What  is  legislation?  What  is  the  usual 
mode  of  legislation  in  civilized  countries  ?  Where  are  there  no 
legislature,  and  no  written  laws  ?  What  of  power  in  such  coun- 
tries? 

CHAP.  XVni.— 1.  What  is  the  judicial  power?  The  judi- 
ciary ?  Of  what  does  a  court  usually  consist  ?  2.  What  if  a  man 
is  charged  with  a  breach  of  the  law  ?  3.  What  of  witnesses  ?  4. 
Witnesses  against  the  accused ?  In  his  favor?  How  many  per- 
sons in  a  jury  ?  Of  whom  do  they  consist  ?  What  do  they  do  ? 
What  is  their  decision  called?  5.  If  the  verdict  is  "noi  guilty?" 
lf"guilti/?^'  If  the  sentence  is  ^^ death  1"  li  ''imprisonment?" 
If  a  ''fine  ?  " 

CHAP.  XIX.— 1.  What  of  the  executive  power  of  the  states? 
2.  Of  the  United  States?  Of  England?  3.  What  is  the  presi- 
dent's duty?  Who  are  the  cabinet?  What  do  we  call  the  presi- 
dent and  the  cabinet  ?  What  are  the  acts  of  a  president  some- 
times called?  4.  What  is  the  duty  of  a  governor  of  a  state?  5. 
What  of  the  legislature  ?  The  judiciary  ?  The  executive  ?  What 
of  these  three  powers?  6.  Why  ought  these  three  powers  to  be 
placed  in  ditferent  hands  ?  7.  Illustrate  this.  8.  What  of  de- 
spotic countries  ?  The  sultan  of  Turkey  ?  What  may  be  said  of 
a  government  Hke  that  of  Turkey  ?  People  of  Turkey  ?  9.  What 
of  Tripoli,  Morocco,  &c.? 

CHAP.  XX.— 1.  What  of  parts  of  Asia  and  Africa?  2.  Who 
rules  over  these  wandering  tribes  ?    What  does  patriarch  mean  ? 


QUESTIONS. 

What  of  the  patriarchal  form  of  government?  3.  "What  can  you 
say  of  the  government  of  a  military  chieftain?  4.  What  of  the 
military  chieftain  when  he  becomes  king?  5.  What  does  such  a 
kmg  do  ?  6.  What  other  cunning  artifice  is  adopted  by  kings  ? 
7.  What  of  the  union  of  church  and  state  ?  8.  What  of  an  active 
and  ambitious  king?  What  is  an  emperor?  9.  What  were  mere 
despotisms?  10.  What  is  a  democracy?  11.  What  of  Attica? 
12.  What  is  a  republic?  What  is  each  of  the  United  States? 
What  of  the  government  of  the  United  States?  What  of  Texas, 
&c.?  J.3.  What  is  the  distinction  between  a  democracy  and  a  re- 
public? What  is  a  republic  sometimes  called?  14.  What  is  an 
aristocracy  ?  An  oligarchy  ?  A  monarchy  ?  What  of  most  of  the 
governments  of  Europe?  15.  What  is  a  despotic  government? 
A  tyrannical  government  ?  A  free  government?  16.  An  aristo- 
cratic government  ?  What  of  Great  Britain  ?  What  is  a  demo- 
cratic government  ?  In  what  sense  is  ours  a  democratic  govern- 
ment? 17.  What  constitute  the  greatest  differences  in  govern- 
ments ?  Where  is  political  power  placed  in  a  democracy  ?  In  a 
republic?  In  a  despotism?  What  are  popular  governments? 
Despotic  governments  ? 

CHAP.  XXI. — 1.  What  must  have  been  discovered  in  the  first 
human  family?  What  of  children?  2.  What  of  a  family  with- 
out government  ?  Adam  and  Eve?  The  first  government  ?  Ad- 
am? 3.  What  of  the  first  ages  of  the  world?  4.  Describe  the 
progress  of  mankind.  What  of  Nimrod?  5.  What  more  of  Nim- 
rod?  6.  What  of  the  sovereigns  of  Assyria?  Of  what  is  there 
no  recorded  instance?.  7.  What  of  the  rest  of  Asia?  Persia? 
The  king  and  the  people  ? 

CHAP.  XXII.— 1.  What  has  the  government  of  the  Hebrews 
been  called  ?  What  is  a  theocracy  ?  What  of  this  government  ? 
2.  What  of  David?  His  successors?  3.  What  more  of  the  suc- 
cessors of  David  ?  4.  What  of  the  laws  established  by  Moses  ? 
5.  What  more  of  the  Hebrews  ?  When  did  Moses  live  ?  What 
of  Confucius?  Solon?  6.  What  is  the  leading  idea  of  the  Mo- 
saic institutions  ?  What  was  the  object  of  Moses,  and  what  did 
he  do?  7.  What  of  the  descendants  of  Aaron?  Levites?  8. 
What  of  the  administration  of  justice  ?  What  was  done  in  the 
time  of  Moses?  9.  What  of  pleading  before  the  Hebrew  courts? 
Witnesses?  When  a  man  was  found  guilty?  10.  What  of  the 
institutions  of  the  Hebrews  ?     Administration  of  justice  ? 

CHAP.  XXIII.— 1.  What  of  the  early  history  of  China?  2. 
What  of  the  policy  of  China?  3.  Government  of  China?  Title 
of  the  emperor?  Population  of  China?  4.  Emperor  of  China? 
5.  What  of  nobility  ?  Courts  ?  6.  What  of  the  government  of 
China?  Punishment?  How  may  China  be  regarded?  7.  Art 
of  printing  ?    Name  of  the  penal  code  of  China  ?    8.  What  of  this 


QUESTIONS.  269 

code?  9.  Punishments?  10.  What  is  said  of  rebellion  in  the 
Chinese  law? 

CHAP.  XXIV.— 1.  What  of  Egypt?  2,  3.  Ruins  of  Thebes? 
4.  What  of  Egypt  2000  years  before  Christ  ?  Where  did  the  Greeks 
obtain  their  arts ?  5.  Political  system  of  Egypt?  6.  Religion  in 
ancient  Egypt?  7.  Superstition?  8.  Justice?  Written  laws? 
Perjury?  False  accusers  ?  Falsehood?  Forgery?  9.  The  king? 
The  priests?  10.  Kings  after  death  ?  Soldiers  and  priests?  Di- 
visions of  the  people  ?  The  priests  ?  11.  What  kind  of  govern- 
ment was  that  of  ancient  Egypt? 

CHAP.  XXV.— 1.  What  of  the  origin  of  Grecian  history? 
How  long  since  the  first  kingdom  of  Greece  was  founded  ?  Who 
was  living  then?  What  of  Greece  before  this  time?  2.  When 
does  Grecian  history  begin  ?  When  does  it  end  ?  How  long  a 
space  does  the  history  of  ancient  Greece  occupy  ?  3.  Describe  the 
country  occupied  by  ancient  Greece.  4.  Ancient  Greeks?  5. 
Beauty  of  the  country  of  Greece?  6.  Climate?  7.  \^at  of  the 
nation?  8.  For  what  are  we  indebted  to  the  Greeks?  9.  Liberty 
among  the  Greeks  ?  Law  ?  What  did  the  Greeks  first  discover  ? 
10.  What  of  Grecian  character  ?  Anecdote  of  an  old  man?  11. 
Patriotism  of  the  Greeks?  Anecdote  of  a  king?  12.  What  of 
personal  attachments?  Xerxes  and  the  Greek?  13.  Solon  and 
CrcEsus  ? 

CHAP.  XXVL— 1.  How  was  Syracuse  settled  ?  Tell  the  story 
of  Damon  and  Pythias?  8.  What  bad  traits  of  character  had  the 
Greeks?  9.  What  of  their  injustice?  Morality?  10.  What  are 
we  forced  to  confess  ? 

CHAP.  XXVIL— 1.  Of  what  was  Athens  the  capital  ?  When, 
and  by  whom  was  it  founded?  Describe  its  situation.  The 
Acropolis  ?  2.  Seaports  of  Athens  ?  Extent  of  the  walls  around 
Athens?  3.  Temple  of  Theseus  ?  4.  Inhabitants  of  Athens  ?  5. 
Who  were  freemen  ?  6.  Divisions  of  citizens  ?  7.  Strangers  re- 
siding in  Athens  ?  8.  What  was  done  after  a  war  or  the  plague  ? 
9.  What  is  painful  to  reflect  upon?  What  two  kinds  of  slaves  in. 
Athens?  10.  What  of  treatment  of  slaves?  11.  How  were  Athe- 
nian slaves  employed  ? 

CHAP.  XXVIIL— 1.  Government  of  Athens?  Whatofarchons? 
Pisistratus?  Pericles?  2.  How  were  archons  elected?  AVhat 
was  required  of  them?  3.  Oath  of  the  archons?  4.  What  did 
the  archons  wear  ?  How  were  they  paid  ?  5.  What  of  the  chief 
archon?  6.  The  second  archon  ?  7.  The  third  archon?  8.  The 
other  archons?  9.  How  were  the  archons  assisted?  10.. How 
was  the  power  of  making  laws  vested  by  Solon  ?  What  of  the 
senate  council  of  400?  11.  When  was  the  council  of  400  in- 
creased ?  How  were  senators  chosen  ?  How  did  the  people  vote  ? 
12.  Power  of  the  senate?  13.  Right  of  freemen?  Who  were 
23# 


M 


QUESTIONS. 


excluded  from  the  assemblies  ?  How  often  were  these  assemblies 
held  ?  If  the  people  did  not  attend,  what  was  done  ?  14.  How  did 
they  proceed  at  the  assemblies  of  the  people  ?  15.  Upon  what 
did  the  assemblies  of  the  people  decide  ?  16.  What  was  the  chief 
inconvenience  resulting  from  these  assemblies  ?  "What  of  Demos- 
thenes? 17.  What  of  the  constitution  of  Athens?  What  evils 
existed  ?  18.  What  followed  from  the  fear  of  loss  of  power  on  the 
part  of  the  people  ?  What  of  Miltiades?  Cimon?  19.  Describe 
the  process  of  condemning  a  public  man.  20.  What  of  Aris- 
tides  ?  Themistocles  ?  Cimon  and  Themistocles  ?  Alcibiades  ? 
21.  Rewards  of  the  Athenians? 

CHAP.  XXtX.— 1.  What  of  the  Court  of  Areopagus  ?  Where 
did  it  meet?  Whence  did  it  receive  its  name?  2.  What  of  the 
origin  of  this  court  ?  What  of  its  business  ?  3.  How  long  was  the 
tenure  of  office  in  this  court?  Who  were  admitted  to  it?  Whai'; 
was  required  of  the  members  ?  What  caused  exclusion  ?  What 
was  forbiden?  4.  Tell  the  anecdote  of  a  bird  ?  What  of  for- 
eign states?  5.  When  did  the  court  meet?  Under  what  circum- 
stances did  they  sit,  and  determine  causes?  How  were  they 
divided  ?    What  was  their  pay  ? 

CHAP.  XXX.— 1.  What  other  courts  in  Athens  ?  What  did 
these  do?  2.  How  were  the  judges  chosen?  Qualifications  of 
the  judges  ?  Number  of  the  judges  ?  What  was  an  inducement 
to  become  a  judge  ?  3.  Annual  expense  of  these  courts  ?  5. 
Character  of  the  Athenians?  6.  Their  most  distinguished  trait  ? 
What  of  Athens?  Literary  character  of  the  Athenians?  7. 
What  of  Athens  and  Sparta  ?  8.  Compare  the  Athenians  and 
Lacedemonians?  9.  Lycurgus?  10.  What  was  the  capital  of 
Laconia  ?  What  other  towns  in  Laconia  ?  What  of  their  depu  • 
ties?  11.  Describe  Ancient  Sparta?  12.  What  two  classes  of 
citizens  in  Sparta?  What  occurred  on  the  birth  of  a  child ?  13. 
What  of  children  whose  parents  were  both  Spartans  ?  14.  Who 
were  disqualified  from  holding  office?  15.  What  of  slaves? 
Who  were  the  Helots?  16.  What  did  the  Helots  do?  17,  18. 
What  more  of  the  Helots. 

CHAP.  XXXL— 1.  What  did  the  political  constitution  of  Sparta 
embrace?  2.  What  of  the  two  kings  of  Sparta?  3.  Power 
and  duties  of  the  kings  ?  4.  Number  of  the  Senate  ?  Qualifica- 
tion of  the  members?  How  elected?  Their  duties?  5.  What 
was  the  number  of  the  Ephori?  How  elected?  Their  duties 
and  power?  6.  What  other  duties  and  powers  had  the  Ephori? 
7.  What  was  the  business  of  the  assemblies. of  the  people  ?  Who 
composed  them  ?  Number  of  citizens  in  Laconia  ?  8.  Bachelors 
in  Sparta?  9.  What  did  Lycurgus  ordain  in  respect  to  children? 
10.  What  of  the  Spartans  in  respect  to  eating  ?    11.  Food  and 


QUESTIONS.  271 

drink  of  the  Spartans?  12.  Clothing?  13.  What  of  the  Spar- 
tans in  respect  to  laws  and  customs  ?  -14.  Treatment  of  supe- 
•riors?  15.  Science,  literature  and  arts?  16.  Profession  of  a 
soldier?  17.  What  of  stealing?  18.  Training  of  beys?  Of 
young  men  and  women  ?  What  of  whipping  at  the  temple  of 
Diana?  19.  Money?  Contracts?  20.  What  of  a  man  before 
thirty  ?  21.  What  took  place  in  time  of  war  ?  What  of  bravery 
in  war  ?  22.  When  a  Spartan  fell  in  battle  on  the  frontiers,  what 
was  done  ? 

CHAP.  XXXIT.— 1.  What  kind  of  government  had  other  states 
of  Greece  ?  How  was  the  chief  power  vested?  What  two  par- 
ties existed  in  almost  all  the  states  ?  2.  What  of  the  institutions, 
science  and  arts  in  these  states?  3.  What  did  the  council  of 
the  Amphictyons  resemble  ?  How  many  states  were  united  in 
this  confederation  ?  How  many  votes  had  each  ?  What  number 
of  deputies  could  each  send  ?  4.  What  were  the  chief  objects  of 
this  council?  5.  When  and  where  did  this  council  meet?  Who 
attended  their  meetings  ?  6.  How  did  they  open  their  proceed- 
ings ?  What  oath  was  taken  by  the  states  that  united  in  this 
league  ?  7.  What  could  the  council  do  ?  8.  What  of  the  feebler 
and  stronger  states?  The  Lacedemonians?  9.  What  of  rob- 
bing the  temple  of  Delphi?  10.  What  of  the  Phocians  and 
Boeotians  ?    What  of  Philip  of  Macedon  ? 

CHAP.  XXXni.— 1.  How  did  the  city  of  Rome  get  its  name? 
When  was  it  founded  ?  How  was  it  built  ?  Into  what  three 
parts  was  the  territory  divided  ?  How  was  the  third  portion  di- 
vided? 2.  What  of  Rome  in  its  day  of  glory?  3.  What  of  the 
Forum?  4.  What  more  of  the  Forum?  5.  What  of  its  present 
state?  6.  The  aqueducts  of  Rome?  7.  How  w^as  the  city 
cleaned?    8.  Roads? 

CHAP.  XXXIV.— 1.  What  of  citizenship  in  Rome?  2.  How 
were  the  citizens  divided  ?  3.  Divisions  of  the  people?  4.  What 
of  the  patrician  order  ?  5.  The  equestrian  order  ?  6,  7.  The 
plebeian  order  ?  8,  9.  What  of  slaves  ?  10.  Market  for  slaves  ? 
11.  Power  of  masters?  Laws  respecting  slavery?  Anecdote 
of  slavery  ?     12.  Liberation  of  slaves  ? 

CHAP.  XXXV.— 1.  Constitution  of  Rome?  2.  Romulus? 
How  long  did  the  regal  power  exist  ?  Who  was  the  last  of  the 
kings?  3.  Election  and  power- of  kings?  Badges?  4.  Power 
of  the  people  of  Rome  ?  5.  What  of  the  Senate  ?  6.  How  were 
Senators  chosen ?  Their  number?  7.  Upon  what  subjects  was 
the  Senate  consulted  ?  What  of  their  mode  of  voting,  debating, 
&c.  ?  What  of  speeches?  8.  What  occurred  when  all  had  oflfer- 
cd  their  opinions  ?  What  was  a  decree  of  the  Senate  called  ? 
What  was  done  with  this  decree  ?    9.  What  was  a  magistrate  in 


272  QUESTIONS. 

the  Roman  Republic ?     10.  Origin  of  the  word  candidate?     11 
The  ordinary  magistrates?     12.  Extraordinary  magistrates ?    13 
What  was  required  of  all  magistrates  ?     14.  How  were  the  law» 
of  Rome  established?     Foundation  of  Roman  laws?     15.  What 
of  new  laws?     16.  Roman  punishments?     17.  Modes  of  capital 
punishment? 

CHAP.  XXXVl.— 1.  What  was  the  first  great  empire  of  the 
world  ?  What  of  this  empire  ?  2.  What  of  Persia  ?  3.  Wha; 
of  government  in  all  the  ancient  empires?  4.  What  of  other 
Asiatic  countries?  China  and  Japan?  5.  Institutions  of  the 
Hebrews?  6.  What  do  we  learn  from  these  ancient  govern- 
ments? 7.  What  of  Greece?  8.  Rome?  9.  Institutions  of 
Greece  and  Rome?     10.  What  of  the  Saracens?     Europe? 

1,  2.  What  of  the  early  history  of  the  Feudal  System  ?  What 
of  Pharamond?  3.  What  of  the  feudal  system,  from  the  time 
of  Pharamond?  4.  Describe  the  German  and  other  tribes?  5. 
What  of  leaders  of  these  tribes  ?  6.  Division  of  spoils  among 
these  tribes  ?  7.  What  constituted  the  chief  feature  of  the  feudal 
system  ?  8.  What  of  the  common  people  under  the  feudal  sys- 
tem ?  9.  What  of  Clovis  ?  10.  When  did  the  feudal  system 
prevail?*  11.  What  happened  aboiU  the  fourteenth  century? 
What  gradual  change  toolc  place  from  the  fourteenth  century  ? 
12.  What  of  the  first  settlers  of  America?  < 

CHAP.  XXXVII.— 2.  What  of  Pharamond?  Clovis?  3.  What 
of  the  early  government  ?  What  of  Pepin  the  short  ?  Charle- 
magne? 4.  Successors  of  Charlemagne  ?  Power  of  the  king? 
The  people?  5.  Louis  XIV.?  6.  What  of  the  palace  of  Ver- 
sailles ?  7.  Kings  of  France,  up  to  the  time  of  Louis  XIV.?  8. 
What  could  the  king  do?  9.  What  of  the  Bastile?  Lettres  de 
cachet?.  10.  How  were  these  used  ?  11.  What  abuses  grew  up? 
12.  How  did  the  lettres  de  cachet  sustain  despotism?  13 — 22. 
What  of  the  iron  mask  ?  23.  What  occurred  in  1789  ?  24—26. 
What  of  a  certain  prisoner  ? 

CHAP.  XXXVIII.— 1.  What  of  the  history  of  France  since 
Louis  XIV.  ?  2.  Louis  XVI.  ?  What  assembly  did  he  convoke  ? 
3.  What  of  this  assembly?  What  of  the  States  General?  4. 
What  of  Necker's  plan  ?  Into  what  assembly  did  the  tiers  etat 
form  themselves  ?  5.  What  occurred  in  the  assembly  Aug.  4, 
1789  ?  On  the  5th  Oct  ?  6.  What  of  Louis  and  his  family  ?  7. 
What  of  the  Jacobins  ?  8.  What  occurred  on  the  10th  August, 
1792  ?  9.  When  was  the  National  Convention  opened  ?  What 
was  done  at  their  first  sitting?  What  occurred  on  the  21st  of 
January,  1793?     10.  Who  declared  war  against  the  French  Re- 

?ublic?     11.  What  of  the  common  people?    What  occurred  in 
une,  1793?     12.  What  of  the  committee  of  public  safety?    13 


QUESTIONS.  ^3 

WTiat  of  the  Queen  ?  The  Duke  of  Orleans?  14.  What  of  Car- 
rier? City  of  Lyons?  15..  Executions  in  Paris?  Robespierre, 
Couthon,  and  St.  Juste?  16.  What  form  of  government  was 
estabUshed?  What  occurred  in  1799  ?  17.  What  of  Bonaparte? 
18.  What  of  Louis  XVIII.  ?  Charles  X.?  19.  Louis  Philippe? 
What  constitution  was  formed?  20.  What  of  the  recent  history 
of  France  ?  21.  What  of  the  French  Revolution?  The  people? 
22.  What  occurred  in  this  state  of  anarchy  ?  23.  What  follows 
the  career  of  Bonaparte  ?  AVhat  is  the  present  form  of  govern- 
ment in  France?  24.  What  is  the  lower  house  called?  The 
upper  house  ?  What  of  the  Peers  ?  Whole  number  of  electors  ? 
What  of  proceedings  in  the  French  Parliament  ? 

CHAP.  XXXIX.— 1.  What  of  the  political  history  of  Great 
Britain?  2,  What  of  Caesar?  3.  Rome?  What  of  Britain 
after  the  fall  of  Rome?  4.  Population  of  England?  Who  was 
the  founder  of  the  English  monarchy  ?  5.  Whose  son  wa.s  Alfred  ? 
When  did  he  ascend  the  throne?  6 — 11.  Give  an  account  of 
Alfred's  reign  and  character.     12.  William,  duke  of  Normandy? 

CHAP.  XL.— 1.  What  of  John?  2.  What  occurred  at  Run- 
nymede,  June,  1215  ?  3.  In  what  language  is  Magna  Charta  ?  4. 
What  was  the  king  of  England  accustomed  to  do  before  this  pe- 
riod ?  5.  What  of  the  countess  of  Chester  ?  Countess  of  War- 
wick ?  6.  Object  of  Magna  Charta?  7.  What  extracts  can  you 
give  from  Magna  Charta  ?  8.  Of  England  from  the  time  of 
John?  9.  What  occurred  in  1649?  What  of  Cromwell?  10. 
What  occurred  in  1660  ?  What  of  Great  Britain  since  that  pe- 
riod? 

CHAP.  XLL — 1.  What  does  the  British  empire  embrace? 
2.  What  of  England?  Scotland?  Ireland?  3.  What  of  the 
West  Indies?  4.  Hindostan?  5.  East  Indies?  6.  British  de- 
pendencies  in  North  America  ?  7.  What  of  the  Australian  colo- 
nies ?  ,  African  colonies  7  What  other  dependencies  has  Great 
Britain?  8.  Upon  what  does  the  ascendency  of  Great  Britain 
chiefly  depend  ?     British  character  ? 

CHAP.  XLIL— 1.  Government  of  Great  Britain?  2.  What 
of  the  Executive?  3.  The  Legislature?  4.  What  of  Parlia- 
ment ?  5.  What  of  the  British  constitution  ?  6.  What  explana- 
tion can  be  offered  of  the  British  system?  7.  What  of  the 
British  monarchy  ?  8.  What  of  the  Reform  Bill  ?  9.  What  of 
the  House  of  Commons  ?  10.  The  constituency  of  Great  Britain? 
Qualifications?  11.  Duration  of  Parliament?  12.  House  of 
Lords?  13.  The  king?  14.  Patronage  of  the  king?  What  ex- 
clusive right  has  he?  How  is  he  held  in  check?  IS.^ow  is 
the  king  said  to  be  incapable  of  doing  wrong  ?  16.  Who  con.' 
stitutes  the  king's  cabinet  ?     17.  What  is  the  privy  council  ? 

CHAP.  XLin.— 1.  When  does  Parliament  sit?    2.  Who  may 

18 


274  QUESTIONS. 

propose  a  new  law  ?  What  is  the  process  of  making  a  law  ?  3. 
What  of  bills  for  raising  money  ?  4.  What  of  money  annually 
raised,  by  Parliament  ?  How  is  justice  administered  ?  What  two 
kinds  of  English  law?  What  is  common  law?  Equity  law? 
What  of  laws  in  Scotland  ?     How  is  justice  administered  there  ? 

CHAP.  XLIV._1.  What  of  the  government  of  Spain?  What 
is  the  heir-apparent  called?  Other  royal  children?  2,  3.  De- 
scribe the  constitution  of  1837.  4.  What  of  the  early  history 
of  Venice  ?  What  of  the  Doge  ?  5.  Government  of  Venice  ?  6. 
Venetian  navy?  What  occurred  in  1797?  7.  What  of  Genoa? 
8.  What  of  Sardinia?  Austria?  Italy?  Modena?  Parma? 
Lucca?  Tuscany?  9.  States  of  the  church?  Naples?  10. 
Greece?  Present  government  of  Greece?  11.  Government  of 
Turkey?  12.  Switzerland?  13.  Austria?  14.  Russia?  15. 
Principal  German  states  ?  16.  Holland  and  Belgium  ?  Denmark  ? 
Sweden  ?  Norway  ?  17.  Government  of  Russia  ?  What  of  the 
Emperor?  The  nobles?  The  courts?  Punishments?  18.  Rev- 
enues?    The  navy?     Army?     Present  position  of  Russia ? 

CHAP.  XLV.— 2.  What  of  Columbus?  3.  Aborigines  of 
America  ?  4.  Origin  and  early  history  of  the  American  Indians? 
5.  What  of  the  king  of  Spain  ?  €.  Other  European  powers  ? 
7.  First  object  of  Europeans  in  America  ?  What  other  objects 
were  afterwards  sought?  8.  On  what  were  European  rights  to 
territory  in  America  founded?  9.  What  of  the  right  of  discove- 
ry? 10.  How  did  the  Europeans  consider  the  Indians?  11 
What  was  the  practice  of  Europeans  toward  the  natives?  12 
What  system  did  the  English  adopt  ? 

CHAP.  XLVL— 1.  What  of  the  settlement  of  Jamestown?  2 
Under  what  charter  did  these  persons  settle  in  Virginia?  3. 
What  of  the  charter  of  king  James?  What  division  took 
place  ?  4.  What  of  New  York  ?  When  did  New  York  come 
into  the  hands  of  the  English?  What  of  the  first  settlement  in 
New  England?  6.  What  of  Maryland ?  New  Jersey?  Penn- 
sylvania? Delaware?  7.  North  Carolina?  South  Carolina? 
Georgia  ?  8.  What  colonies  were  established  in  North  America  ? 
What  of  the  thirteen  colonies ?    9.  01  Maine?    Vermont? 

CHAP.  XLVII. — 1.  What  has  been  the  practice  of  commer- 
cial nations  ?  What  of  these  settlements  ?  What  are  they  call- 
ed ?  2.  What  is  the  inducement  to  found  colonies  ?  What  of 
Carthage?  3.  Greece?  4.  Rome?  What  happened  after  the 
fall  of  the  Roman  Empire?  Genoa?  Venice?  5.  What  of  the 
Portuguese?  6.  What  of  the  continent  of  America?  7.  What 
of  the  ihirteen  colonies  ?  8.  What  of  the  charters  of  the  colo- 
nies? 9.  What  were  the  different  situations  of  the  colonies? 
10.  What  of  the  English  colonies  as  to  Great  Britain  ?  11. 
What  of  the  home  government  ?    12.  What  more  of  colonies  ? 


QUESTIONS.  275 

13.  What  of  the  people  of  the  colonies?  How  did  the  colonies 
flourish  ?  14.  What  were  the  oppressions  of  the  British  govern- 
ment ? 

CHAP.  XLVIIL— 1.  What  of  the  colonies?  2.  What  occur- 
red in  1774  ?  3.  What  of  the  first  Congress  ?  4.  What  did  the 
first  Congress  do  ?  When  was  the  Declaration  of  Independence 
adopted  ?  How  was  it  received  by  the  people  ?  What  did  Con- 
gress recommend  in  order  to  carry  out  the  plan  of  national  inde- 
pendence ?  5.  What  was  the  government  •lintil  near  the  close  of 
the  war?  What  of  the  articles  of  confederation?  What  of  Con- 
gress during  the  war?  6.  What  of  the  power  of  Congress? 
What  must  be  considered  in  respect  to  the  government  of  Con- 
gress during  the  war?    .7.  What  was  obvious? 

CHAP.  XLIX.— 1.  What  occurred  in  1777?  What  in  1781? 
2.  What  of  the  articles  of  confederation  ?  3.  What  did  an  emi- 
nent statesman  say?  4.  What  of  Congress?  The  states?  5. 
What  could  Congress  not  do?     6.  AVhat  of  these  evils ? 

CHAP.  L.— 1.  What  occurred  in  1786?  What  in  September, 
1786.  2.  What  did  Congress  do?  What  occurred  in  September, 
1787?  What  occurred  in  1789?  3.  What  of  North  Carolina 
and  Rhode  Island?  What  of  the  first  thirteen  states?  What 
of  the  other  thirteen?  What  is  the  duty  of  every  American  citi- 
zen? 

CHAP.  LL— 1.  What  of  the  government  of  Great  Britain, 
France,  &c.  ?  The  laws  of  the  British  Parliament  ?  The  laws 
of  the  French  Legislature?  2.  What  of  the  twenty-sLs  states? 
The  constitution?  3.  What  are  the  chief  powers  granted  to  the 
national  government?  What  powers  are  withheld  from  the 
states  ? 

CHAP.  LII.— Repeat  the  preamble  of  the  constitution.*  What 
was  the  first  object  of  the  constitution  ?  Why  was  a  more  per- 
fect union  necessary  ?  What  was  the  second  object  of  the  con- 
stitution ?  Why  was  this  necessary  ?  What  was  the  next  object 
of  the  constitution  ?  What  is  the  meaning  of  this  ?  What  was 
the  next  object  of  the  constitution?  Why  was  this  necessary? 
What  was  the  next  object  of  the  constitution  ?  Why  should  the 
general  government  have  this  power?  What  is  the  last  object 
of  the  constitution,  as  set  forth  by  the  preamble  ?  What  is  civil 
.iJerty?  Of  what  does  the  constitution  consist?  What  of  the 
first  article  of  the  constitution  ? 

Article  I.    Repeat  the  first  section  of  Article  I.    What  is 


*  It  may  be  well,  In  examining  the  pupil  upon  the  Constitution,  to  let  him 
have  a  book  in  his  hand,  to  see  what  sections  and  verses  are  reftrrea  to;  bat  tbA 
answers  should  be  given  with  the  book  closed. 


276  QUESTIONS. 

the  meaning  of  this?  Repeat  sec.  2,  ver.  1.  "What  does  this 
mean  ?  Repeat  ver.  2.  What  does  this  mean  ?  Repeat  ver.  3. 
What  principle  does  this  verse  lay  down  ?  What  occurred  in 
1842?  How  many  representatives  in  Congress  has  Maine? 
New  Hampshire  ?  Massachusetts,  &;c.?  What  is  meant  by  the 
phrase,  bound  to  service  for  a  term  of  years  ?  What  is  meant  by 
the  phrase  "all  other  persons ? "  Repeat  ver.  4  ;  ver.  5.  What  is 
the  power  of  impeachment  ?    What  occurred  in  1805  ? 

Repeat  sec.  3,  ver.  1.  What  does  this  mean?  Why  are  two 
houses  needed  in  a  legislature  ?  What  of  the  Senate  as  com- 
pared with  the  House  of  Representatives  ?  Repeat  ver.  2,  sec.  3. 
What  provision  is  here  made?  Repeat  ver.  3.  What  does  it 
mean?  Repeat  ver.  4.  What  does  it  mean?  Repeat  ver.  5. 
What  does  it  mean  ?  Repeat  ver.  6.  What  does  it  mean  ?  Re- 
peat ver.  7.    What  does  it  mean? 

Repeat  sec.  4,  ver.  1.  What  does  it  mean?  Repeat  ver.  2. 
What  does  it  mean?  Repeat  sec.  5,  ver.  1.  What  does  it  mean? 
Ver.  2  ?  Ver.  3 ?  Ver.  4 ?  Sec.  6,  ver.  1  ?  Why  should  a  mem- 
ber of  Congress  be  free  from  arrest  ?  Why  should  he  be  able  to 
speak  freely?  Repeat  ver.  2,  sec.  6.  Why  are  these  restric- 
tions proper  ? 

Repeat  sec.  7,  ver.  1.  What  does  this  mean?  Why  is  this 
provision  wise  and  just  ?  Repeat  ver.  2,  sec.  7.  What  powers 
does  this  give  the  President  ?  What  does  veto  mean  ?  What  of 
the  veto  power  in  England?  What  if  a  President  vetoes  a  bill? 
Repeat  ver.  3.  What  does  this  mean  ?  What  power  has  Con- 
gress according  to  sec.  8,  ver.  1  ?  What  powef  has  Congress  ac- 
cording to  ver.  2?  According  to  ver.  3  ?  Ver.  4  ?  Ver.  5.  ?  Ver. 
6?  Ver.  7?  Ver.  8?  Ver.  9?  Ver.  10?  Ver.  11  ?  Ver.  12  ? 
Ver.  13?-.  Ver.  14?  Ver.  15?  Ver.  16?  Ver.  17?  Upon  what 
are  taxes  laid  ? 

Upon  what  are  'duties  or  imposts  levied  ?  How  are  duties  on 
foreign  goods  collected  ?  How  is  the  chief  revenue  bt  the  Uni- 
ted States  obtained  ?  What  of  direct  taxation  ?  From  what  do 
the  States  derive  their  revenue  ?  What  of  the  power  to  regulate 
commerce  ?  What  of  the  District  of  Columbia  ?  Where  were  the 
first  and  second  seats  of  the  general  government?  What  of 
Washington?  What  is  .the  meaning  of  sec.  9,  ver.  1?  Repeat 
ver.  2.  What  of  the  habeas  corpus?  Repeat  ver.  3.  What  is  a 
bill  of  attainder?    An  ex  post  facto  law? 

Repeat  ver.  4.  What  does  it  mean?  Repeat  ver.  5.  What 
does  it  mean?  Ver.  6.  What  does  it  mean?  Why  are  the  re- 
strictions of  this  last  verse  indispensable  ?  What  does  ver.  7 
prohibit?  What  does  sec.  9,  ver.  1,  prohibit?  What  does  ver.  2 
prohibit  ?    What  of  bill  of  credit  ? 

Article  11.    To  what  does  Article  II.  relate  ?    Repeat  sec.  1, 


QUESTIONS.  277 

ver.  1.  What  does  it  mean?  Repeat  ver.  2.  "What  does  it 
mean?  Repeat  ver.  4.  What  does  it  mean?  Repeat  ver.  5? 
Ver.  6?  What  does  it  mean ?  What  of  Harrison ?  Tyler?  Re- 
peat ver.  7.  What  does  it  mean  ?  Repeat  ver.  8.  What  does 
it  mean  ?  What  of  the  salary  of  the  President  ?  Repeat  sec  2, 
ver.  1.  What  does  it  mean?  Repeat  ver.  2.  What  does  it  mean? 
Repeat  ver.  3.  What  of  the  appointing  power?  How  many 
persons  are  employed  by  the  general  government  ?  How  many 
postmasters  ?  What  of  the  opposition  to  the  government  ?  Re- 
peat sec.  3,  ver.  1.  What  occurs  when  Congress  comes  together? 
Repeat  sec.  4,  ver.  1. 

Article  HI.  To  what  does  this  article  relate  ?  Repeat  section 
1  of  Article  III.  What  does  it  mean?  Repeat  sec.  2,  ver.  1. 
To  what  cases  does  the  judicial  power  of  the  United  States  Courts 
extend?  Repeat  ver.  2.  What  is  meant  by  original  jurisdiction? 
By  appellate  jurisdiction  ?  Repeat  ver.  3.  What  is  here  secured  ? 
Where  did  the  trial  by  jury  originate  ?  What  is  the  design  of  a 
trial  by  jury  ?  What  is  meant  by  peers  ?  How  is  the  trial  by 
jury  esteemed?  Repeat  sec.  3,  ver,  1.  Repeat  ver.  2.  What  is 
treason  in  England?  In  the  United  States?  What  is  generally 
thought  of  treason?  How  is  treason  punished  in  England?  Why 
was  it  important  clearly  to  define  treason  ?  What  is  the  punish- 
ment of  treason  fixed  by  Congress?  What  is  the  meaning  of 
attainder  ?  What  was  the  consequence  of  being  attainted  of 
treason  in  England?  What  is  the  meaning  of  the  phrase^  "work 
corruption  of  blood?"  What  of  Aaron  Burr?  Why  was  he 
acquitted  of  the  charge  of  treason  ? 

Article  IV.  Repeat  section  1.  What  does  it  mean?  Re- 
peat sec.  2,  ver.  1.  What  does  it  mean?  Repeat  ver.  2.  What 
does  it  mean?  Repeat  ver.  3.  What  does  it  mean?'  What  is 
the  meaning  of  the  phrase  "held  to  service?"  Repeat  sec.  3, 
ver.  1.  What  does  it  mean?  Repeat  ver.  2.  What  does  it 
mean?  What  are  the  territories  now  belonging  to  the  United 
States  ?  What  is  the  basis  of  the  governments  of  these  territo- 
ries? What  of  the  present  form  of  government  in  the  territo- 
ries ?  How  is  a  territory  represented  in  Congress  ?  How  may  a 
territory  become  a  state?  What  states  were  once  territories? 
Repeat  sec.  4.    What  occurred  in  Rhode  Island  in  1842? 

Article  V.  Repeat  this  article.  Article  VI.  Repeat  ver.  1. 
What  does  it  mean?  Repeat  ver.  2.  What  does  this  mean? 
Repeat  ver.  3.  What  does  this  mean?  What  has  frequently 
happened  in  England,  France  and  other  countries?  What  of 
Catholics  in  England  ?  Repeat  Art.  VII.  Where  was  the  first 
election  under  the  constitution  ?  Who  was  the  first  President 
under  the  constitution  ?  The  first  Vice-President  ?  Repeat  the 
names  of  the  other  Presidents,  with  the  periods  they  held  the  ofiice 

24 


278  QUESTIONS. 

Amendments  to  the  Constitution.  Repeat  Art.  I.  "What  is 
meant  by  the  union  of  church  and  state  ?  "What  of  England  ? 
What  is  the  meaning  of  freedom  of  speech  and  of  the  press? 
Why  are  these  rights  important  ?  Why  is  the  right  of  the  people 
peaceably  to  assemble,  important  ?   What  of  the  right  of  petition  ? 

Repeat  Art.  II.  What  is  the  case  in  some  despotic  countries? 
Repeat  Art.  III.  What  has  been  a  common  act  of  tyranny  ?  Re- 
peat Art.  IV.  Why  is  this  provision  important?  Repeat  Art.  V. 
Repeat  Art.  VI.  What  provisions  are  here  made  in  behalf  of  a 
man  accused  of  crime  ?  Repeat  Art.  VII.  What  is  the  meaning 
of  common  law  in  England  ?    In  the  United  States  ? 

Repeat  Art.  VIII.  What  is  the  meaning  of  bail  ?  When  should 
excessive  bail  not  be  required?  Repeat  Art.  IX.  >  Art.  X.  Art. 
XI.  Art.  XII.  Ver.  1.  Ver.  2.  Ver.  3.  How  have  most  Presi- 
dents been  elected  ?    What  occurred  in  1825  ?    Repeat  Art.  XIII. 

CHAP.  LII. — Ver.  1.  Why  should  Americans  study  and  under- 
stand the  constitution?  Why  should  citizens  know  what  it 
means  ?  Ver.  2.  What  does  the  constitution  establish  ?  What 
i.^  our  government  called?  Why  is  our  government  a  partner- 
ship? Ver.  3.  ,What  distribution  of  powers  does  the  constitu- 
tion establish  ?  Why  are  these  powers  kept  distinct  ?  4.  Of  what 
is  Congress  the  source.  What  is  the  duty  of  the  President  ? 
Province  of  the  judges  ?  Ver.  5.  What  does  the  constitution, 
take  away  from  the  states  and  give  to  the  federal  government  ? 
6.  What  does  the  constitution  leave  to  the  states?  Ver.  7.  What 
binds  us  together  as  a  nation  ?  What  is  likely  to  form  our  na- 
tional character  ?  Why  do  foreigners  chiefly  regard  our  national 
government?  Ver.  8.  How  is  the  constitution  the  bulwark  of 
our  liberties?    Ver.  9.  What  is  every  citizen  bound  to  do  ? 

CHAP.  LIII.— Ver.  1.  How  is  Congress  divided?  What  of 
their  sessions  ?  Ver.  2.  For  how  long  a  term  are  senators  chosen  ? 
How  many  are  there  from  each  state?  How  many  from  all? 
How  old  must  a  person  be  to  hold  a  seat  in  the  Senate  ?  What 
powers  have  the  Senate  beside  those  of  legislation?  Ver.  3. 
What  of  the  representatives?  How  many  representatives  are 
there  in  Congress?  Ver.  4.  Who  has  the  power  of  impeach- 
ment? Who  tries  persons  impeached?  What  is  the  pay  of 
members  of  Congress? 

CHAP.  LIV.— Ver.  1.  What  is  the  constitution?  Upon  whom 
does  the  character  of  the  government  greatly  depend  ?  Ver.  2. 
Why  should  we  put  good  men  into  office  ?  Ver.  3.  What  are  the 
President  and  his  advisers  called  ?    Why  ? 

CHAP.  LV.— Ver.  1,  2.  Wliat  is  the  salary  of  the  President^ 
What  more  of  the  President  ?    Ver.  3.  What  of  the  Vice-Presi 
dent?    Ver.  4.  What  advisers  has  the  President?    Ver.  5.  Wha* 
of  these  advisers  of  the  President  ?    Ver.  6.  What  is  the  Cabf 


n 


♦ 


QUESTIONS.  279 

•net?  The  Cabinet  Council  ?  Ver.  7.  "What  of  the  Cabinet?  Ver. 
8.  "What  is  a  lar^e  and  responsible  part  of  the  duty  of  the  Presi- 
dent? Ver.  9,,  What  is  necessary  in  all  cases?  "Ver.  10.  What 
of  executive  sessions?  Ver.  11.  What  are  Secretaries  called  ia 
England  ?  What  difference  between  them  and  our  Secretaries  ? 
Salary  of  the  Secretaries  ? 

CHAP,  L"VI.— Ver.  1.  Describe  the  office  of  Secretary  of  State. 
Ver.  2,  His  principal  duty.  Ver.  3.  What  other  duty  has  he  ? 
Ver.  4.  What  do  the  duties  of  the  Secretary  of  State  require? 
5.  What  must  be  his  character  in  other  respects  ?  Ver.  6.  What 
eminent  statesmen  have  held  this  office  ? 

CHAP.  LVII. — Ver.  1.  Describe  the  Treasury  Department. 
Ver.  2.  Special  duty  of  the  Secretary  of  the  Treasury.  Ver.  3. 
What  other  duty  has  he?  Ver.  4.  "What  should  be  his  charac- 
ter. Ver.  5.  From  what  does  the  government  chiefly  derive  its 
revenue  ?  Ver.  5.  What  two  forms  of  duty  ?  Ver.  6.  What  is 
a  specific  duty  ?  Ver.  7.  An  ad  valorem  duty  ?  Ver.  8.  What 
of  custom-houses?  Ver.  9.  What  is  done  when  a  vessel  ar- 
rives ?  Ver.  10.  Why  should  an  honest  man  be  at  the  head  of 
the  Treasury  Department  ?  Ver.  11.  How  can  the  duties  be  so 
laid  as  to  encourage  the  industry  of  our  country?  Ver.  12. 
What  effect  has  the  laying  of  duties  on  foreign  articles  ?  Ver. 
13.  What  is  a  tariff?  A  protective  tariff?  If  we  do  not  tax 
foreign  productions,  what  will  be  the  effect?  Ver.  14.  What 
^ther  reasons  are  urged  in  favor  of  a  protective  tariff?  15.'  What 
of  the  protective  policy?  When  was  it  adopted  in  this  country? 
What  is  adopted  in  other  civilized  countries?  Ver.  16.  Why  do 
some  statesmen  object  to  the  protective  system?  Ver.  17.  What 
is  free  trade  ?  Who  are  in  favor  of  it  ?  How  would  they  pay 
the  expenses  of  government  ?  Ver.  18.  What  other  views  have 
the  friends  of  free  trade  ?  What  is  a  horizontal  tariff?  Ver.  19. 
What  do  these  persons  approve?  What  do  they  condemn  as 
unconstitutional  ?  What  are  discriminating  duties  ?  What  is  in- 
cidental to  protection  ?  What  is  deemed  a  trespass  upon  the 
constitution  ?  Ver.  20.  What  policy  has  prevailed  since  the 
adoption  of  the  constitution?  Ver.  21.  For  what  is  the  Secretary 
of  the  Treasury  called  upon  ?  Ver.  22.  Annual  expenses  of  the 
government  ?  How  is  tliis  money  obtained  ?  Ver.  23.  What  of 
the  public  lands  ?    Ver.  24.   What  of  the  mint  ?      . 

CHAP.  LVIII.— Ver.  1.  What  of  the  War  Department?  Vei. 
2,  3.  Duties  of  the  Secretary  of  War?  Ver.  4.  What  of  peace 
and  war?  Ver.  5.  What  of  the  army?  Number  of  men? 
Annual  expense  ? 

CHAP.  LIX.— Ver.  1.  Duties  of  the  Secretary  of  the  Navy? 
Vcf.  2.  What  of  navy  yards  ?    Ver.  3.  Naval  Commissioners  f 


280  QUESTIONS. 

Ver.  4.  The  navy?    Number  of  vessels?    Persons  employed' 
Annual  expense  ? 

CHAP.  LX.— Ver.  1,  Describe  the  General  Post-office.  "What 
assistance  has  the  Postmaster-General?  Ver.  2.  How  many 
post-offices  in  the  United  States?  Income  and  expense  of  the 
General  Post-office  ?  Ver.  3.  How  are  Postmasters  appointed  { 
Salary  of  the  Postmaster-General  ? 

CHAP.  LXL— Ver.  1.  What  of  the  Attorney-General  ? 

CHAP.  LXIL— Ver.  1.  What  of  the  Patent  Office?  Ver.  2 
What  are  patent  rights?  Why  are  they  granted?  Ver.  3.  What 
of  models  in  the  patent  office  ?  Ver.  4.  What  beside  models  are 
in  the  patent  office  ?  Ver.  5.  Who  has  charge  of  the  patent 
office? 

CHAP.  LXIIL— Ver.  1.  Of  what  consists  the  Judiciary  of  the 
United  States?  How  are  the  judges  appointed?  Their  tenure 
of  office?  Ver.  2.  Who  compose  the  supreme  court?  When 
does  it  sit?  What  of  each  of  the  judges?  What  of  district 
courts?  Ver.  3.  What  of  circuit  and  district  courts  ?  Supreme 
ODurt ?  Ver.  4.  What  cannot  be  brought  before  the  U.  S.  court? 
What  is  jurisdiction?  To  what  is  the  jurisdiction  of  the  United 
States  court  confined?  Ver.  5.  What  of  a  District  Attorney? 
Ver.  6.  What  of  a  Marshal?  Ver.  7.  What  is  said  of  each  dis- 
trict? Ver.  7.  What  is  copy -right?  What  privileges  does  this 
confer?  Ver.  8.  Salaries  of  the  judges  ?  Ver.  9.  What  emi- 
nent men  have  held  the  office  of  Chief  Justice  of  the  Uniteck 
States  ? 

CHAP.  LXIV.— Ver.  2.  What  of  each  of  the  states?  Rhode 
Island?  Ver.  3.  Of  what  two  parts  do  some  of  the  state  consti- 
tutions consist?  Ver.  4.  What  do  all  the  state  constitutions  pre 
scribe?  Ver.  5.  What  provision  is  made  in  them  all?  Ver.  6. 
What  officers  are  there  in  every  state?  What  of  the  Governor? 
Ver.  7.  How  is  the  Governor  elected  ?  Ver.  8.  What  of  State 
Legislatures?  Ver.  9.  Meeting  of  State  Legislatures?  Ver.  10 
Judiciary  of  the  several  states  ?     11.  Divisions  of  the  states? 

CHAP.  LXV. — Ver.  1.  What  of  punishments  in  barbarous 
ages?  Ver.  2.  In  England?  What  is  a  capital  offence ?  Ver. 
3.  Capital  offences  in  England  now  ?  Ver.  4.  Capital  punish- 
ment in  the  United  States  ?  Ver.  5.  Chief  punishments  now  in 
fiiCted  in  the  United  States?    Ver.  6.   Imprisonment  for  debt? 

CHAP.  LXVL— Ver.  1.  What  is  the  right  of  suffrage?  The 
elective  franchise?  Of  England,  France,  &c.?  This  country? 
Ver.  2.  What  are  the  qualifications  of  a  voter  in  most  of  the 
states  ?  What  of  the  right  of  suffrage  in  former  times  and  now  ? 
Ver.  3,  4,  5.  What  of  Rhode  Island?  Ver.  6.  What  form  of 
voting  is  preferred  by  the  American  people  ?    Describe  voting  by 


QUESTIONS.  281 

ballot.    "Why  is  voting  by  ballot  preferred  ?    Ver.  7.  Why  do 
not  women  vote  ?    Why  do  not  children  vote  ? 

CHAP.  LXVIL— Ver.  1.  What  great  principle  lies  at  the 
foundation  of  our  government  ?  How  is  the  decision  of  the 
people  ascertained  ?  Ver.  2.  What  of  forming  the  constitution  ? 
Ver.  3.  Choosing  members  of  Congress,  &c.  ?  What  is  a  candi-  ' 
date  ?  Ver.  4.  What  is  a  plurality  of  votes?  Is  a  person  hav- 
ing a  plurality  ever  declared  elected  ?  Why  should  the  majority 
rule? 

CHAP.  LXVni.— Ver.  1.  How  do  political  parties  arise?  Ver. 
2.  Why  is  there  usually  a  good  deal  of  bitterness  between  par- 
ties ?  What  has  often  happened  in  respect  to  parties  ?  Ver.  3. 
What  of  Greece,  Rome,  (tec.  ?  The  terms  whig  and  tory  ?  Ver. 
4.  Who  were  called  whigs  during  the  revolution?  Who  tories? 
Ver.  5.  How  did  the  name  of  federalist  arise  ?  Who  were  lead- 
ers of  the  federal  party  ?  Ver.  6.  What  class  of  persons  were 
republicans  ?  Who  were  of  this  party  ?  What  were  the  repub- 
licans afterwards  called  ?  Ver.  7.  How  long  did  these  parties 
continue  ?  How  are  the  terms  democrat  and  federalist  lately  ap- 
plied ?  Ver.  8.  Describe  political  conventions.  Ver.  9.  Benefit 
of  these  conventions.  Ver.  10.  What  of  candidates  in  the  South- 
em  and  Western  states  ?    Ver.  11.  What  of  a  caucus? 

CHAP.  LXIX. — Ver.  1.  What  have  we  shown  in  respect  to 
civil  government?  Ver,  2.  Design  of  government?  To  what 
may  good  government  be  compared  ?  Ver.  3.  What  should  we 
do  for  our  government?  Sec.  1.  Why  should  we  pay  taxes? 
How  much  is  paid  by  each  man,  woman  and  child  for  the  sup- 
port of  the  national  government  ?  Expenses  of  state  govern- 
ments ?  Sec.  2.  What  of  military  duty  ?  Of  Quakers  and  oth- 
ers ?•  Sec.  3.  What  other  duties  devolve  upon  citizens?  Sec.  4. 
Why  is  the  administration  of  government  as  important  as  its 
form  ?  Why  are  the  voters  responsible  for  the  manner  in  which 
government  is  carried  on?  What  if  a  man  vote  for  a  bad  ruler? 
Why  should  a  man  not  stay  away  from  the  polls  ?  For  what  is 
one  who  stays  away  from  the  polls  answerable  ?  How  should  a 
man  govern  bis  conduct  in  acting  for  his  country?  Should  a 
freeman  ever  neglect  to  vote  ?  Should  he  ever  use  his  vote  dis- 
honestly? Should  he  ever  use  it  merely  for  party  purposes? 
Should  he  use  it  selfishly  ?  For  whom  should  a  man  cast  his 
ballot — for  his  country's  good,  or  his  own  benefit  or  caprice? 

Sec.  5.  Why  should  the  people  support  the  laws?  How  should 
political  discussions  be  conducted  ?  What  should  be  the  first  ob- 
ject of  an  inquirer  ?  What  should  be  the  first  question  in  re- 
spect to  any  statement  ?  Is  it  ever  right  to  deceive  in  politics  ? 
Should  wo  be  as  honest  in  politics  as  in  anything  else  ? 


282  QUESTIONS. 

APPENDIX. 

Decla RATION  OF  RiGHTS,  &c. — "When  and  by  whom  was  this 
made  ?  UZ/^  The  teacher  can  here  put  such. other  questions  as  he 
may  deem  proper.  It  may  be  well  to  require  him  to  tell  the  sub- 
stance of  each  of  the  resolves  contained  in  this  Declaration  of 
]lights  ;  for  these  collectively  contain  the  views  and  opinions  of 
the  people  of  this  country,  at  the  opening  of  the  revolutionary 
war.  It  was  for  a  violation  of  these  rights,  they  threw  off  the 
British  yoke. 

Declaration  of  Independence. — ^When  was  this  Declaration 
adopted  ?  By  whom  ?  Why  was  this  Declaration  made  ?  What 
truths  are  said  to  be  self-evident?  For  what  is  government  in- 
stituted? When  have  the  people  a  right  to  abolish  a  govern- 
ment ?  What  is  the  dictate  of  prudence  ?  What  has  experience 
shown  ?  When  is  it  the  right  and  duty  of  a  people  to  throw  off 
a  government  ?  What  is  said  to  be  the  present  necessity  ?  What 
is  it  said  the  history  of  the  king  of  Great  Britain  presents  ?  What 
facts  are  stated  ?  UZ^  Here  let  the  pupil  be  questioned  separately 
upon  the  statement  of  facts. 

What  is  said  of  petitions  to  the  king  ?  Of  appeals  to  the 
people  of  England?  To  whom  do  the  authors  of  the  Declaration, 
appeal  ?  What  declaration  do  they  make  ?  Upon  whom  do  they 
say  they  place  reliance  ? 

Articles  of  Confederation.  [C?"  The  teacher  will  put  such 
questions  upon  these  as  he  deems  proper.  The  pupil  ought,  at 
least,  to  read  them  carefully — and  to  bear  in  mind  that  they  were 
one  of  the  steps  which  led  to  the  formation  of  our  present  coa- 
stitution ;  and  that  in  many  respects,  they  resemble  that  admira- 
ble document. 


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